The ruling, handed down in London on October 30, upholds information notices issued by Ofcom in February under the Online Safety Act 2023. It is the first judicial review to test the regulator’s powers to demand information from platforms under the new law.
The companies had argued that the requests were unlawful and imposed disproportionate demands on their operations. The judges rejected those arguments and declined to overturn the notices.
Ofcom requested data on the number of posts removed or restricted, the number of users exposed to harmful content, and information about content moderation, user reports and appeals. The requests covered activity on the platforms over a three-year period.
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The companies said collecting the information would require extensive work and cost millions of pounds.
However, the court found that the companies had not provided sufficiently detailed evidence to show that the additional burden imposed by the requests was disproportionate. The judges assessed the work required beyond the costs the platforms would already incur to comply with their wider obligations under the Online Safety Act.
Meta said it was disappointed with the decision, arguing that information-gathering on this scale went beyond what was necessary or proportionate. TikTok said it was considering the judgment, while X did not immediately respond to requests for comment.
A key test of Britain’s online safety rules
The Online Safety Act, passed in 2023, gives Ofcom powers to require technology companies to take measures against illegal content and material that could harm children. The regulator can impose fines of up to 10% of a company’s qualifying global annual revenue for the most serious breaches.
Ofcom has been gradually introducing the regime, which applies to services including TikTok, X, Facebook and Instagram. The regulator says access to detailed information from platforms is necessary to assess online risks and monitor whether companies are meeting their legal obligations.
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Ofcom welcomed Friday’s ruling, saying that gathering information from companies was fundamental to its work.
The decision does not resolve other legal disputes between Meta and the regulator. Meta is separately challenging Ofcom’s approach to calculating regulatory fees and potential fines, while also contesting the categorization of WhatsApp under the online safety regime.
Earlier in October, Ofcom opened its first formal investigation under the act into Instagram’s use of its Instants feature and the potential safety risks it poses to users.
