The UK High Court has dismissed a challenge by Meta, TikTok and X (formerly Twitter) against information notices issued by Ofcom under the Online Safety Act 2023.
The Divisional Court upheld the regulator’s use of the notices, which were dispatched for online safety oversight purposes to TikTok, X and Meta’s WhatsApp.
Ofcom issued the notices in February this year following several months of dialogue with the tech firms.
The regulator demanded data on service providers’ definitions, user activity categorised by age group, and the volumes, timelines and outcomes of content moderation.
The requests also covered UK users’ exposure to actioned material, alongside appeals and reports submitted by users within the UK.
Under the Online Safety Act 2023, Ofcom has the statutory authority to demand information from regulated online services to carry out, or decide whether to carry out, its safety functions.
The law requires the authority to exercise this power proportionately in relation to the intended use of the requested data.
The legislation introduced more rigorous standards for platforms including X, TikTok, Facebook and Instagram, with a specific focus on shielding children from illegal and harmful content.
The claimants argued that the notices exceeded the regulator’s statutory powers, were disproportionate, and served an improper purpose.
The businesses further alleged that Ofcom had predetermined its decision, failed to conduct impact assessments, and breached its published policies.
Apart from the issue of proportionality, the court dismissed all arguments as unarguable in law or on the facts.
After assessing Ofcom’s aims, the relevance of the demanded material, and the operational impact on the companies, the court also rejected the proportionality claims.
Addressing the evidence regarding compliance, the court stated that the claimants’ submission “does not sufficiently identify the necessary baselines or differential resource impact”.
It concluded that the documentation presented failed to demonstrate that any notice was unfair or disproportionate.
The ruling represents the first judicial review decision regarding Ofcom’s information-gathering authority under the 2023 act.
