Meta, TikTok and X are challenging Ofcom in court over information notices issued under the Online Safety Act. The requests seek detailed figures on content moderation and users’ exposure to harmful content. Ofcom says it needs the information to assess whether the new regime is working.
Ofcom sought platform data in February
Ofcom sent information notices to Meta, TikTok and X in February, according to Reuters. An information notice is a formal request for information from a regulated company. The notices asked how many posts each platform removed or made less visible. They also sought figures on how many users had seen harmful content.
The requests concern information about how platforms handle material on their services. Content moderation includes actions such as removing posts or reducing their visibility. The notices therefore seek operational detail that can help Ofcom assess the effect of the law. Reuters reported that the three companies are contesting the requests in court.
The notices follow the 2023 law
The Online Safety Act sets standards for platforms including Facebook, Instagram, TikTok and X. It aims to protect children from harmful and illegal content. The law gives Ofcom responsibility for regulating the sector. The challenge is among the first brought under the 2023 law, Reuters reported.
The law also gives Ofcom the power to fine companies up to 10% of their global turnover for the most serious breaches. That potential penalty forms part of the statutory framework described in the source report. The current court challenge concerns the information notices, rather than a fine. A separate dispute about how Ofcom calculates bills is also expected to reach court.
Companies question the requests’ scope
The companies describe the notices as an unprecedented regulatory burden, according to Reuters. In a witness statement, X characterised its request as the most burdensome information request it had received from a regulator. Meta said in court filings that Ofcom sought wide-ranging and granular information about seven of its services. It also argued that the request lacked a clearly defined regulatory purpose.
TikTok’s objection concerns the relationship between the notices and another monitoring regime. The company said Ofcom had bypassed that separate regime, which has its own safeguards. These are the companies’ stated arguments in the court challenge. Ofcom’s position is that the information is necessary to evaluate the law’s operation.
Ofcom says it narrowed its request
Ofcom said it needs the information to judge whether the new regime is working. The regulator also said it narrowed the scope of its request before the notices took effect. Its spokesperson said Parliament had tasked it with regulating an industry that had been unregulated and unaccountable for more than 20 years. Reuters reported that the hearing was due to end on Wednesday.
Meta has a separate challenge expected to reach court next week, concerning Ofcom’s method for calculating Online Safety Act bills. Ofcom also has open investigations under the law, including one into TikTok over child safety and one into Telegram. The source report does not state how the court will rule on the notices. The outcome will clarify how far Ofcom can require detailed platform data under the law.