Meta and Tiktok lose High Court battle against Ofcom’s regulatory data demands

The High Court has upheld the media regulator Ofcom's authority to collect retrospective safety data from prominent tech companies. In February, Ofcom sent formal information notices to major platforms like Meta, Tiktok, and X, requesting detailed data on how they expose users to harmful content under the Online Safety Act. The tech giants jointly contested Ofcom's requests with a judicial review case at London's High Court, arguing the watchdog unlawfully sidestepped the act's transparency framework.

The Online Safety Act aims to address the risks users, particularly children, face when encountering harmful online content. It grants Ofcom substantial powers, including fines up to £18 million or 10% of a platform's global annual turnover, whichever is greater, for non-compliance. On Friday, the High Court denied the platforms' claims, ruling that Ofcom's data collection serves a unique regulatory purpose and that individual notices do not trigger a collective impact assessment.

Ofcom expressed satisfaction with the decision, emphasizing the importance of gathering information to assess compliance and ensure a safer online environment for UK users. Tiktok and Meta both expressed disappointment with the court's ruling but stated their commitment to working with Ofcom and reviewing the judgment. X has not yet commented on the case.

Recently, Meta challenged the method Ofcom uses to calculate fees and fines under the UK's online safety law, claiming they are disproportionate and unlawful. In August, Tiktok lost a case at the Court of Appeal to overturn a £12.7 million fine from the Information Commissioner's Office (ICO) for improperly processing data of over 1.4 million children under 13.