The Pulse
Meta launches legal challenge against Ofcom over Online Safety Act
Meta is challenging Ofcom’s decision to place WhatsApp and Instagram in a category carrying additional duties under the UK Online Safety Act.
AI.info Team ·
Meta takes Ofcom’s categorisation decision to court
Meta has launched a legal challenge against the UK’s media regulator over the decision to place WhatsApp and Instagram in a category that carries additional duties under the Online Safety Act.
Lawyers for Meta served notice during the week ending September 20, according to The Guardian. The action concerns the way Ofcom has applied the legislation to the two services.
The additional responsibilities include greater transparency, more user controls, measures to protect users from fraudulent advertising and increased recording of illegal content.
Meta says the dispute concerns implementation
Meta’s challenge comes as social media companies face criticism that they are using the courts to slow the implementation of the Online Safety Act.
A Meta spokesperson said the company was challenging specific aspects of the regulator’s approach alongside TikTok, Roblox, X and Quora.
“These are not challenges to the law itself, but how Ofcom has interpreted it. This is a normal feature of any new regulatory regime being bedded in and ensures questions of process, scope and implementation get settled so the law is applied proportionately, accurately and consistently.”
Meta spokesperson, quoted by The Guardian
Meta also launched a separate legal challenge in London in May, arguing that Ofcom’s methodology for calculating charges was flawed because it was based on a company’s global revenue.
Ofcom is funding the operating costs of its online safety work by drawing on a proportion of qualifying worldwide revenue. Breaches of the Online Safety Act can result in fines of up to 10% of qualifying worldwide revenue or £18m, whichever is higher.
Ofcom faces a wider wave of legal action
The categorisation challenge is part of a broader series of disputes involving Ofcom. TikTok and X are also taking legal action over the amount of information they must provide to the regulator so it can monitor their services.
An Ofcom senior director told the House of Lords that the regulator was operating in a highly litigious environment, including facing two actions from Meta and further judicial reviews from other services over efforts to collect data.
“We absolutely are looking to drive change in the best way we can. We have all come to work to make this happen, but, if we run unnecessary risks, we are going to get absolutely clobbered legally by deep-pocketed individuals and firms.”
Oliver Griffiths, Ofcom group director for online safety, quoted by The Guardian
Griffiths was giving evidence to peers about the operation of the Online Safety Act. His comments reflected the legal pressure facing the regulator as it implements the new digital safety regime.
The Guardian reported that the latest Meta action follows a series of cases brought by technology companies over Ofcom’s fees, information requests and interpretation of its regulatory powers.
Challenge comes amid debate over online regulation
The dispute comes as the UK government continues to develop rules governing online services. Lisa Nandy, the secretary for digital, culture, media and sport, said the government would continue introducing legislation to govern the internet and update the law as technology changes.
Meta’s position is that its case concerns the scope and implementation of Ofcom’s decisions rather than the Online Safety Act itself. Ofcom, meanwhile, is facing legal challenges while attempting to put the legislation into operation across a range of online services.