Meta appeals Ofcom decision on social media duties

Meta has initiated a new legal appeal against the United Kingdom’s media regulator, Ofcom, contesting the classification of its social media platforms under the Online Safety Act. The parent company of Facebook served notice during the week to challenge the decision to place WhatsApp and Instagram in a category that subjects them to additional regulatory duties. This latest action forms part of a broader pattern of legal proceedings by social media firms, which critics argue is designed to delay the implementation of digital safety legislation.

The additional responsibilities imposed on these platforms include requirements for greater transparency, enhanced user controls, and specific measures to protect users from fraudulent advertising. Companies in this category are also required to increase their recording of illegal content. Meta’s move occurs amid significant tension between American technology corporations and the British regulatory framework. There is documented hostility from US tech firms, as well as the administration of Donald Trump, regarding the fees and fines regime that Ofcom is enforcing under the landmark digital safety laws.

In May, Meta launched a separate legal challenge in London, asserting that Ofcom’s methodology for calculating regulatory charges was flawed. The company argued that the calculation should not be based on global revenue. Under the Online Safety Act, breaches can result in fines of up to 10 per cent of qualifying worldwide revenue, or 18 million pounds, whichever amount is higher. Ofcom funds its operational costs for online safety work by drawing on a proportion of this revenue. Other platforms, including TikTok and X, are also pursuing legal action concerning the volume of information they are required to provide to the regulator for monitoring purposes.

Oliver Griffiths, the Ofcom group director for online safety, stated that the regulator is operating in a highly litigious environment. He told a House of Lords committee that Ofcom faces multiple actions from a range of services bringing judicial reviews against the body for attempting to collect data. Griffiths acknowledged the difficulty of driving change while managing legal risks, warning that the regulator could face severe legal consequences if it runs unnecessary risks against well-funded entities. A Meta spokesperson described the challenge as a normal feature of a new regulatory regime being established, emphasising that the company is contesting specific aspects of implementation rather than the law itself.

Lisa Nandy, the secretary for digital, culture, media and sport, has vowed to continue introducing legislation to govern the internet. She indicated that the government intends to be more interventionist and that laws will need regular updates to keep pace with rapid technological changes.