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TikTok, X and Meta Lose Legal Challenge Against UK Online Safety Regulator

TikTok, X and Meta have lost a legal challenge against Britain’s communications regulator Ofcom over information requests issued under the Online Safety Act.

London’s High Court dismissed the companies’ challenge on Friday, October 30. The ruling marks an important early test of Britain’s online safety framework.

The 2023 Online Safety Act introduced tougher requirements for digital platforms. It aims to protect users, particularly children, from harmful and illegal online content.

The decision strengthens Ofcom’s authority to demand information from technology companies. However, another major case involving Meta remains pending. That separate challenge concerns how Ofcom calculates regulatory fees and potential fines.

Meta is also challenging Ofcom’s decision to place WhatsApp within parts of the new regulatory regime. Earlier this month, the regulator launched its first formal investigation into Meta under the Act. The investigation concerns safety risks linked to Instagram’s Instants feature.

X did not immediately respond to requests for comment. TikTok said it was considering the judgment.

A Meta spokesperson said the company was disappointed with the decision. The spokesperson added that the challenge was brought because the scale of the information requests went beyond what was necessary or proportionate.

Ofcom Requested Detailed Platform Data

Ofcom has been gradually introducing the Online Safety Act’s requirements. The rules carry the threat of fines of up to 10% of a company’s global turnover for the most serious breaches.

In February, Ofcom issued information notices to Meta, TikTok and X. The notices requested detailed content moderation data.

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The regulator sought figures on posts removed or restricted by the platforms. It also requested information about how many users encountered harmful content.

The companies argued that the notices placed an unprecedented regulatory burden on their operations.

X described its request as “the most burdensome information request X has received from any regulator”. The company also argued that complying with it would cost millions of pounds.

However, the High Court rejected the companies’ arguments that Ofcom’s requests were disproportionate.

An Ofcom spokesperson welcomed the judgment. The spokesperson said gathering information from companies was fundamental to the regulator’s work.

Wider Implications for Online Safety Rules

The ruling represents an important development for Britain’s online safety regime. It supports Ofcom’s ability to collect information from major digital platforms as it enforces the law.

The regulator’s requests cover how platforms moderate content and respond to harmful material. Such information can help Ofcom assess whether companies are meeting their legal obligations.

The separate Meta case over regulatory fees and potential fines could bring further clarity to the regulator’s powers under the Act.

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