Meta, TikTok and X Challenge UK Watchdog Over Online Safety Data Demands

Meta, TikTok and X are challenging Britain’s communications regulator, Ofcom, over the amount of information it is demanding from the social media companies under the UK’s new online safety regime.

The legal challenge is one of the early major tests of the UK’s 2023 Online Safety Act, which gives Ofcom wide-ranging powers to require technology companies to provide information about how they operate their services and protect users from harmful and illegal content.

Ofcom issued information notices to the companies in February requesting detailed data on content moderation, including how many posts were removed, how many had their visibility restricted and how many users were exposed to harmful material.

The regulator says the information is needed to assess whether the new online safety rules are working effectively. Ofcom has also said it narrowed the scope of its requests before implementing them.

The three technology companies, however, argue that the requests place an excessive regulatory burden on them.

In a witness statement submitted to the court, X described Ofcom’s request as the most burdensome information request it had received from any regulator in any jurisdiction. Meta argued that the regulator was seeking wide-ranging and highly detailed information about seven of its services without clearly explaining the regulatory purpose behind the requests.

TikTok has separately argued that Ofcom’s use of its information-gathering powers goes beyond what the Online Safety Act permits. The company has also challenged the regulator’s decision to bypass an alternative monitoring arrangement that TikTok says contains specific safeguards.

Ofcom has defended its approach, saying Parliament gave it the responsibility of regulating an industry that had operated for more than two decades without the type of statutory oversight now imposed by the Online Safety Act.

The regulator has previously stressed that formal information requests are an important part of its enforcement work and that companies are legally required to respond accurately, completely and within the required timeframe. Failure to comply can result in enforcement action and fines.

The dispute comes as Ofcom increases scrutiny of major social media platforms over children’s exposure to harmful material. In May, the regulator said nearly three-quarters of UK children aged 11 to 17 had encountered harmful content during a four-week period, while it criticised TikTok and YouTube for failing to commit to significant additional measures to make their feeds safer for children.

Under the Online Safety Act, companies can face fines of up to 10% of qualifying worldwide revenue for serious breaches. The legislation places particular emphasis on protecting children from harmful and illegal content online.

The latest court proceedings are expected to run through Wednesday. Meta is also facing a separate legal challenge over how Ofcom calculates fees and penalties under the regulatory framework.

The cases are likely to help establish the limits of Ofcom’s information-gathering powers as Britain’s online safety regime moves from legislation into increasingly active enforcement.