Ofcom confirms Instagram probe continues despite Meta court challenge

The UK communications regulator, Ofcom, has confirmed that its ongoing legal dispute with Meta will not delay a separate investigation into Instagram. The watchdog stated that proceedings in the English High Court have not impacted the timing of its decision to examine whether Meta breached online safety rules when launching the Instagram Instants feature. This clarification comes as Meta, alongside TikTok and X, challenges the regulator’s powers to demand information from technology companies under the Online Safety Act.

Ofcom opened a distinct investigation on Tuesday to determine if Meta conducted adequate risk assessments before introducing Instants. This feature allows content to disappear after it has been viewed. An Ofcom spokesperson told City AM that the current litigation does not affect the schedule of this new probe. The regulator emphasised that the information notices currently being challenged in court are separate from those involved in the Instants investigation. While Ofcom declined to speculate on the ongoing litigation, it noted that the legal case concerns information requests outside the scope of the current inquiry.

The situation means Ofcom intends to continue its scrutiny of Meta while simultaneously defending its information-gathering powers in the High Court. The tech companies are challenging information notices issued in February, which demanded detailed data on content moderation practices. Meta argued that Ofcom sought wide-ranging and granular information covering seven of its services without a clearly defined regulatory purpose. X described the demands as the most burdensome information request it had received from any regulator. A Meta spokesperson declined to comment on the matter.

Ofcom rejected the criticism that its demands imposed an unprecedented regulatory burden. The regulator stated that providers cannot protect people, especially children, without first understanding how harm could occur on their platforms. It added that risk assessments are fundamental to keeping users safer online and are a statutory duty under the Online Safety Act. The watchdog is investigating whether Meta failed to carry out suitable and sufficient illegal content and children’s risk assessments before launching Instants in May. Under the legislation, providers must update their assessments before making significant changes to the design or operation of their services. Ofcom said it would progress the investigation as a matter of priority while ensuring due process is followed. An investigation does not indicate that the regulator has concluded a breach of the law has occurred.