Meta, TikTok, X lose legal challenge against UK watchdog over online safety data demands

2023 law imposes tougher content standards on TikTok, X and Meta to protect children online

TikTok and X lost a legal challenge against British regulator Ofcom on ‌Friday over information requests made under the Online Safety Act, in one of the first tests of Britain's nascent online safety regime.

The case is one of several brought over parts of the 2023 act, which ​sets tougher standards for platforms such as TikTok, X and Meta's Facebook and Instagram ​with the aim of protecting particularly children from harmful and illegal content.

Friday's ⁠decision by London's High Court is a boost for Ofcom, though a potentially more significant ​ruling on Meta's separate case about how Ofcom calculates fees and potential fines is awaited.

Meta, which is ​also challenging Ofcom over the categorisation of WhatsApp in the new regime, was made the subject of Ofcom's first formal investigation under the Online Safety Act earlier this month.

X did not immediately respond to requests for comment. ​TikTok said it is considering the judgment, while a spokesperson for Meta said in a ​statement: "We're disappointed with the court's decision, but we and others across industry pursued this challenge because information-gathering of ‌this ⁠scale goes beyond what is necessary or proportionate."

Ofcom requested metrices from Meta, Tiktok, X

Ofcom has been gradually implementing the Online Safety Act regime, with its requirements backed up by the threat of fines of up to 10% of a company's global turnover for the most serious breaches.

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The ​regulator issued information notices ​to Meta, TikTok ⁠and X in February, requesting detailed content moderation metrics including data on how many posts were removed or had visibility restricted, and how many ​users were exposed to harmful content.

Meta, TikTok and X argued the ​notices create ⁠unprecedented regulatory burdens, with X claiming that what it described as "the most burdensome information request X has received from any regulator" would cost it millions of pounds.

But their case was dismissed by the ⁠High ​Court, which in its ruling rejected their arguments that ​the information requests were disproportionate.

An Ofcom spokesperson welcomed the ruling, saying that "gathering information from companies is fundamental to our ability ​to do our job".