In a fresh statement, Mark Zuckerberg-led social media conglomerate Meta, popular microblogging platform X (formerly Twitter), and Chinese short-form video portal TikTok, London’s High Court on Friday dismissed the companies’ arguments that the regulator’s requests for detailed information on content moderation were disproportionate and imposed excessive regulatory burdens.
The case is one of several legal challenges brought by the three technology companies against aspects of the United Kingdom’s 2023 Online Safety Act, which imposes stricter obligations on platforms such as Facebook, Instagram, TikTok, and X to protect users, particularly children, from harmful and illegal content.
Ofcom issued information notices to the three companies in February, seeking detailed content moderation data. The requests included figures on posts removed or restricted in visibility, as well as the number of users exposed to harmful content.
Meta, TikTok, and X argued that complying with the notices would place unprecedented demands on their businesses.
Elon Musk-headed X described its request as the most burdensome information demand it had received from any regulator, claiming that compliance would cost millions of pounds.
The High Court rejected their arguments, handing Ofcom an important legal victory as it gradually implements the Online Safety Act.
An Ofcom spokesperson welcomed the judgment, saying that gathering information from companies was fundamental to the regulator’s ability to carry out its duties.
The favourable ruling comes as the British regulator faces other legal challenges from Meta.
A potentially more significant decision is still pending in the company’s separate case over how Ofcom calculates regulatory fees and potential fines.
The social media conglomerate is also contesting Ofcom’s categorisation of WhatsApp under the new regime.
In October, Meta became the subject of Ofcom’s first formal investigation under the Online Safety Act.
The legislation gives Ofcom powers to impose fines of up to 10% of a company’s global turnover for the most serious breaches.