London’s High Court rejects big tech challenge over Ofcom’s online safety data demands
Meta, TikTok and X have lost a legal challenge against Britain's communications regulator, Ofcom, over its demands for detailed information about activity and content moderation on their platforms. The ruling, delivered by London's High Court on Friday, October 30, marks one of the first major legal tests of Britain's Online Safety Act, introduced in 2023 to make social media platforms more accountable for harmful and illegal content.
The dispute began in February, when Ofcom issued formal information requests to the three companies, demanding detailed statistics about how they handle harmful material.
Among the information requested was the number of posts removed or restricted, how many accounts faced moderation action, how users were exposed to harmful content and how these figures differed across age groups.
The regulator also wants information about appeals against moderation decisions and the time taken to resolve user complaints.
Why the companies fought back
The three technology companies argued that Ofcom's requests were excessive, disproportionate and would impose high operational costs.
TikTok's lawyers described the exercise as one of the largest data-production exercises the company had ever faced, potentially requiring the collection and analysis of information spanning three years.
X went further, describing the request as the most burdensome information demand it had received from any regulator, warning that compliance could cost millions of pounds and require months of work.
Meta also argued that the regulator had exceeded its legal powers by demanding information on such a scale.
However, the judges rejected the companies' arguments, ruling that they had not sufficiently demonstrated that the requests were unlawful or disproportionate. The decision means Ofcom can proceed with its information-gathering demands.
What happens next?
The ruling gives Ofcom greater authority to investigate how social media platforms operate and whether their moderation systems adequately protect users.
Under Britain's Online Safety Act, companies have legal obligations to prevent users from encountering certain illegal content and protect children from harmful material. The regulator can impose fines of up to 10% of a company's qualifying worldwide revenue for the most serious breaches. In extreme cases, it can also seek court orders to restrict access to non-compliant services in the UK.
A bigger regulatory battle
The case is part of a wider struggle between technology companies and governments over who gets to determine how online platforms operate.
Meta is separately challenging Ofcom over how it calculates regulatory fees and potential fines. It is also contesting the regulator's decision to categorise WhatsApp under the new online safety regime.
For Ofcom, however, the latest ruling establishes an important precedent: social media companies cannot simply refuse extensive information requests when the regulator needs evidence to assess their compliance.
