Court tests Britain's rules on online safety. Meta, TikTok and X are battling the UK regulator Ofcom on the amount of information it should require under the Online Safety Act 2023. It is one of the first big legal challenges to the new regime, and the ruling could have implications for the practical operation of online safety regulation.
What Is the Online Safety Act?
The Online Safety Act imposes stiffer conditions on social media companies like TikTok, X (Twitter), Facebook and Instagram. Its main focus is to keep children safe from bad and illegal material on the internet. The rules have been being phased in and the powers of Ofcom are serious with fines of up to 10% of a company's worldwide turnover for the most egregious offences.
What Did Ofcom Ask For?
Ofcom sent out information notices to the platforms in February. These are the detailed content moderation metrics requested, such as:
- How many posts were deleted from or limited to viewing by others?
- How many users saw content that contained harmful elements?
Ofcom-state data is real data that would be useful for assessing the success of the new regime, it says. It also states it had done a narrowing of the scope of the request prior to implementation.
Why the Platforms Are Pushing Back
The three companies refer to the notices as a “unprecedented regulatory burden”. “It is the most burdensome information request” it received from any regulator in any jurisdiction, in a witness statement.
Every business has their own line of reasoning:
- Meta has told the court Ofcom is seeking "wide-ranging and granular information" about seven of its services, but for an unspecified regulatory purpose.
- TikTok claims Ofcom missed an opportunity to adopt another monitoring system which already has built-in protections.
- The volume of work is the emphasis of X.
Ofcom's Position
Ofcom flies in the face of the notion that it's reaching too far. Parliament has requested the regulator to monitor an industry that has been regulated and unaccountable for over 20 years. Without accurate, dependable data, it is impossible to regulate social media platforms, Ofcom says. Numbers are the basis of measuring harm.
Why This Matters for Users and Parents
Families have a real-world concern with the case: How can anyone determine if child safety on the Internet is improving? One of the few sources of transparency data regarding harmful content is to see if platform promises are lived up to. Meanwhile, a fair argument is made for proportionality by the companies. Regulators require clear purposes for data they ask for—and sensible processes for companies to provide data.
Both are valid concerns. It is not necessary to pit strong platform accountability against reasonable regulatory requirements, but courts might have to find the balance.
What Happens Next
The hearing will end on Wednesday. Meta's other legal action, regarding fee calculation and penalty, is expected to be the next week. The two cases will help to illustrate the extent Ofcom has to go to to obtain information and the powers it has to ensure that the Online Safety Act is adhered to.
The Bigger Picture
It's not a fight over a single request, but a struggle for control between the technology companies and regulators. Ofcom would have a more specific mandate to require detailed content moderation data if it is successful. Should the platforms be successful, the regulator will need to be more specific in its requests and explain them more precisely.
In either case the decision will set a precedent for how online safety law in the UK will be applied on the ground. That is a clean clarity that is due to users, parents and platforms.
