Meta has initiated a new legal challenge against the UK's media regulator, Ofcom, concerning the implementation of the Online Safety Act. The parent company of Facebook argues that the categorization of its platforms, including WhatsApp and Instagram, imposes additional duties that are being contested.
These responsibilities include enhanced transparency, improved user controls, measures to combat fraudulent advertising, and more robust recording of illegal content. This legal action is part of a broader trend where US tech corporations are using the courts to challenge aspects of the landmark digital safety legislation.
Meta's challenge follows a previous legal action in May, where the company disputed Ofcom's method for calculating charges, arguing they should not be based on global revenue. The Online Safety Act allows for fines up to 10% of a company's qualifying worldwide revenue or £18 million, whichever is greater, with Ofcom funding its online safety operations through a portion of these revenues.
Other technology firms, such as TikTok and X, are also involved in legal disputes with Ofcom regarding the extent of information they are required to provide for monitoring purposes. Oliver Griffiths, Ofcom's group director for online safety, informed a House of Lords committee that the regulator is navigating a "highly litigious environment," facing multiple judicial reviews aimed at data collection.
A spokesperson for Meta stated that the challenges are specific to the implementation and interpretation of the law by Ofcom, not the law itself. They described this as a "normal feature of any new regulatory regime" aimed at settling process, scope, and implementation questions for proportionate and consistent application.