Meta, TikTok, and X challenge Ofcom over Online Safety Act data demands

Meta, TikTok, and X have launched legal challenges against Ofcom, the UK’s communications regulator, over demands for detailed content moderation data under the Online Safety Act. The companies argue the requests are excessive, while Ofcom defends them as necessary for oversight. Meanwhile, Ofcom has opened its first formal investigation into Meta’s Instagram Instants feature for potential risk assessment failures.

Legal challenges over Ofcom’s data requests

Meta, TikTok, and X have filed legal challenges against Ofcom, the UK’s communications regulator, over data requests issued under the Online Safety Act. The companies argue that Ofcom’s demands for detailed content moderation figures and information on harmful content visibility are excessive and lack clarity.

According to The Next Web, Ofcom sent information notices in February, requesting metrics such as the number of posts removed or made less visible, as well as data on how many users were exposed to harmful content. The platforms contend that these requests impose an unprecedented burden on their operations.

X described the request as "the most burdensome" it has received from any regulator, while Meta questioned the regulatory purpose of the demands. TikTok, meanwhile, argued that Ofcom bypassed an existing monitoring regime with its own safeguards.

Ofcom has defended its actions, stating that the information is necessary to assess whether the Online Safety Act is achieving its goals. The regulator has already narrowed the scope of its requests but maintains that robust data is essential for overseeing an industry that has operated without regulation for decades.

Ofcom’s first formal investigation under the Online Safety Act

Ofcom has launched its first formal investigation into Meta under the Online Safety Act, focusing on the Instagram Instants feature. The probe will assess whether Meta conducted a "suitable and sufficient" risk assessment for illegal content and child safety before launching the feature in May.

Instagram Instants allows users to share content that disappears after being viewed. While the feature includes protections like blocking screenshots and resharing, Ofcom is scrutinizing whether Meta adequately evaluated its risks, as required by the act.

According to Mint (Technology), Meta claims it conducted a risk analysis and briefed Ofcom about the feature on multiple occasions. However, the regulator’s investigation will determine whether these measures met the legal standards.

Non-compliance with the Online Safety Act could result in fines of up to £18 million or 10% of global revenue, whichever is higher. Meta has stated it will cooperate with the investigation but has also launched separate legal challenges against Ofcom’s implementation of the act.

Background on the Online Safety Act

The Online Safety Act is a UK regulatory framework designed to protect users, particularly children, from harmful and illegal content online. It imposes obligations on platforms to assess risks, implement safeguards, and report on their compliance. The act grants Ofcom the authority to investigate and penalize companies that fail to meet its requirements.

The legislation represents a significant shift in digital regulation, introducing fines and other penalties for platforms that do not take adequate measures to mitigate harm. It has been closely watched as a potential model for other countries developing similar laws.

What this means

Lazyfounder analysis — our interpretation, not reported fact.

This legal showdown highlights the growing tension between regulators and tech platforms as governments worldwide intensify efforts to hold companies accountable for online safety. For founders and operators, the outcome could set a precedent for how far regulators can go in demanding transparency—and how platforms might push back.

The challenges from Meta, TikTok, and X suggest that even well-resourced companies are struggling to reconcile compliance with operational realities. If Ofcom’s requests are upheld, other regulators may follow suit, increasing the compliance burden for platforms globally. Conversely, if the courts side with the companies, it could embolden tech firms to challenge regulatory demands more aggressively.

The investigation into Instagram Instants also serves as a reminder that new features—even those with built-in protections—will face heightened scrutiny under frameworks like the Online Safety Act. Founders must prioritize proactive risk assessments and documentation to avoid costly investigations or fines.

Key takeaways

• Meta, TikTok, and X have filed legal challenges against Ofcom over data requests tied to the UK’s Online Safety Act.
• Ofcom’s requests seek detailed metrics on content moderation, including removed posts and user exposure to harmful content.
• The Online Safety Act requires platforms to protect children from illegal and harmful content or face significant fines.
• Ofcom has initiated its first formal investigation under the act, targeting Meta’s Instagram Instants feature for potential risk assessment failures.
• Platforms criticize the requests as overly burdensome, while Ofcom defends them as essential for regulating a previously unregulated industry.

FAQ

What is the Online Safety Act?

The Online Safety Act is a UK law designed to protect users, especially children, from harmful and illegal content online. It requires platforms to assess risks, implement safeguards, and report on their compliance. Ofcom, the UK’s communications regulator, enforces the act and can impose fines for non-compliance.

Why are Meta, TikTok, and X challenging Ofcom?

The companies argue that Ofcom’s data requests under the Online Safety Act are overly burdensome and lack a clear regulatory purpose. They claim the requests demand excessive details on content moderation and user exposure to harmful content, which they say is unprecedented and difficult to fulfill.

What are the potential consequences for Meta in Ofcom’s investigation?

If Ofcom finds Meta in violation of the Online Safety Act, the company could face fines of up to £18 million or 10% of its global revenue, whichever is higher. The investigation focuses on whether Meta adequately assessed risks for its Instagram Instants feature before launch.

How might this affect other tech companies?

The outcome of these legal challenges could set a precedent for how regulators worldwide approach content moderation and compliance. If Ofcom’s demands are upheld, other platforms may face similar requests, increasing their operational and compliance costs. Conversely, a ruling in favor of the companies could limit regulators’ ability to demand detailed data.

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