Meta has brought a fresh legal challenge against Ofcom, contesting the British regulator’s decision to place WhatsApp and Instagram in a category carrying extra duties under the UK’s Online Safety Act.
Lawyers for Meta have served notice of an appeal against the inclusion of the two services in the Category 1 register. The designation brings requirements for greater transparency and stronger user controls. It also requires measures against fraudulent advertising and more extensive recording of illegal content.
Meta argues that Category 1 duties do not apply to private one-on-one and small-group messaging platforms. The company says its cases challenge Ofcom’s reading and use of particular regulations, rather than seeking repeal of the Online Safety Act.
The appeal is one of several actions involving Meta and Ofcom as the regulator prepares to enforce the law. The Act will be introduced in phases starting in April 2025, with full enforcement anticipated in the year. The latest action could slow implementation.
Ofcom’s categorisation register is being challenged by four online services under the Online Safety Act. Meta is among several firms accused of turning to the courts to slow enforcement of the legislation.
Meta also began a challenge in London in May over Ofcom’s method for calculating charges. It says the methodology is flawed and that charges should not be assessed using a company’s global revenue.
The stakes of Ofcom’s enforcement regime are substantial. Breaches of the Online Safety Act can lead to fines of up to 10% of qualifying worldwide revenue or £18m – whichever is higher.
Meta is involved in two further judicial reviews in the High Court, with hearings scheduled for October. One separate case includes Meta, TikTok and X and concerns the internal information that online platforms must give Ofcom for its monitoring of compliance and its control of harmful content.
Those companies say some information demands go beyond the limits set by the Act, or exceed what is necessary and proportionate. The brief does not specify the particular internal information sought by Ofcom, nor the arguments that will be put before the court at the October hearings.
Other companies are also disputing parts of Ofcom’s implementation of the Act. TikTok, Roblox, X and Quora are challenging specific aspects of the regulator’s approach. Companies are pursuing judicial reviews over Ofcom’s data-gathering powers.
Oliver Griffiths, Ofcom’s online safety director, told a committee in the House of Lords on Tuesday that the regulator was working in a “highly litigious environment”. Ofcom is facing two actions by Meta, according to the information provided to the committee.
The cases put the legal focus on the scope of the regulator’s powers rather than the broad purpose of the Online Safety Act. Meta’s challenges concern three parts of Ofcom’s approach: the categorisation of services, calculations linked to worldwide revenue, and demands for data. The courts have yet to determine the claims, and the effect of the litigation on the April 2025 rollout timetable remains unknown.
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