By Islam El-Sakka
TikTok, X, and Meta have lost a High Court challenge against Ofcom and must now hand over detailed data on how they moderate harmful content, including material seen by children. The ruling, delivered on Friday by Lord Justice Singh and Mrs Justice Collins Rice, marks the first legal test of the regulator’s powers under the Online Safety Act 2023.
The judges refused to quash the information notices issued by Ofcom, requiring the platforms to provide data on user activity by age group, the volume of content and accounts subject to moderation, and the exposure of users, including children, to actioned content. The notices also cover appeals outcomes, response times, and reports filed by UK users.
Companies argued requests were overly burdensome
Lawyers for the three companies had argued the requests were unlawful and the most burdensome they had ever received, estimating compliance would cost “millions of pounds.” Victoria Wakefield KC, representing TikTok, said the notice demanded “vast quantitative data” across a three-year period. Amy Rogers KC, for X, said the request would require “complex analytic and processing operations over vast datasets,” while Christopher Knight KC, for Meta, contended Ofcom was exceeding its legal powers.
Judges uphold Ofcom’s authority
The court found the companies had not sufficiently explained why the notices would be onerous and rejected the claim they were “irrational.” The judges emphasized that Parliament intended Ofcom to implement an ambitious scheme for regulating online safety, making the UK “the safest place in the world to go online.” Ofcom said the data is essential to assess compliance with duties to prevent illegal and harmful content.
An Ofcom spokesperson welcomed the decision, stating that gathering information from companies is fundamental to assessing compliance and creating a safer online life for people in the UK. The three platforms must now provide the required data on content moderation practices.
