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Meta, TikTok and X are challenging Ofcom in court over its data demands under the UK’s Online Safety Act, Reuters reported on Monday. The challenge is one of the first brought under the 2023 law.
In February, Ofcom sent the companies information notices, according to Paul Sandle’s report for Reuters. The notices asked for detailed content moderation figures, such as how many posts the platforms removed or made less visible. They also asked how many users had seen harmful content.
The Online Safety Act sets tougher standards for platforms such as Facebook, Instagram, TikTok and X. It aims to protect children from harmful and illegal content. Ofcom can fine companies up to 10% of their global turnover for the most serious breaches.
‘The most burdensome’ request
The three companies say the notices create an unprecedented regulatory burden, Reuters reported. A witness statement submitted by X called the notice:
“The most burdensome information request X has received from any regulator in any jurisdiction.”
Meta said in court filings that Ofcom wanted “wide-ranging and granular information” about seven of its services. It said the request had no clearly defined regulatory purpose. TikTok said Ofcom had bypassed a separate monitoring regime that has its own safeguards.
Ofcom’s answer
Ofcom said it genuinely needs the information to judge whether the new regime is working. It also said it narrowed the scope of its request before the notices took effect.
“Parliament has charged us with the job of regulating an industry that has been unregulated and unaccountable for more than 20 years,” an Ofcom spokesperson said in a statement.
The hearing ends on Wednesday. A separate challenge from Meta should reach court next week, Reuters said. It concerns how Ofcom calculates Online Safety Act bills.
Ofcom already has open investigations under the law, including one into TikTok over child safety and one into Telegram.
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