Meta, TikTok and X Lose Appeal, Leaving Ofcom Safety Data Requests in Place
Key Facts
The High Court in London rejected Meta, TikTok and X’s challenge to the volume of information requested by Britain’s Ofcom, leaving its safety data collection notices in force. The regulator issued the notices in February, seeking detailed indicators on how the platforms manage content. The data include the number of posts the companies removed or restricted, and the number of users exposed to harmful content. The requests rely on the Online Safety Act, which allows the regulator to monitor platform performance. The ruling puts the scope of its information-gathering powers at the center of the dispute between the regulator and the companies.
Meta said in court filings that Ofcom had requested “broad and detailed information” about seven of its services without a clearly defined regulatory purpose. TikTok argued that the regulator had bypassed an alternative platform-monitoring regime that included specific safeguards. A statement submitted on behalf of X described the request as “the most burdensome request for information” the company had received from any regulator in any jurisdiction. The objections reflect a dispute over the breadth of the requested data and how it would be used, not merely whether the notices were issued. Losing the challenge means the three companies failed to block the regulator’s requests on these grounds.
Ofcom said the information was needed to assess whether the new safety regime was working, and that it had narrowed the scope of its requests before they took effect. The regulator added that Parliament had tasked it with regulating an industry it said had remained without regulation and accountability for more than 20 years. The Online Safety Act 2023 requires providers of user-to-user services to carry out a suitable and sufficient assessment of the risks of illegal content. If children are likely to use the service, the provider must also assess risks to children. The rules require companies to identify risks associated with their services as part of their safety duties.
The law requires an additional risk assessment before a significant change to a service’s design or operation. In this context, Ofcom opened an investigation on 6 October 2026 into whether Meta complied with its duties to assess the risks of illegal content and risks to children associated with the launch of Instants on Instagram. Meta launched the feature on 13 May 2026, and the investigation is examining whether the company complied with sections 9(4) and 11(4) of the Act. This is a separate investigation from the three companies’ challenge to the data requests. The investigation shows how the regulator’s oversight extends to risk assessments when services are changed.
The law sets the maximum fine at the greater of £18 million and 10% of qualifying worldwide revenue for the last completed accounting period. The dismissal of the challenge does not mean that the three companies have been fined, as the ruling concerned information requests and not the outcome of an investigation into a specific breach. Ofcom says failure to respond on time or the provision of inaccurate or incomplete information could lead to an investigation and enforcement action, including a financial penalty. The regulator has previously fined TikTok £1.875 million for inaccurate information about safety controls. It also fined Fenix International £1.05 million for failing to provide accurate information about age-verification measures.
The Act requires recipients of an information notice to comply with its requirements and ensure that the information provided is accurate in all material respects. The notice must also specify the information sought, the reason for the request, and the form and manner in which it must be provided. These requirements are central to the dispute, after the companies said the requests were burdensome or exceeded the available safeguards. Ofcom, in turn, says the data are needed to determine whether the regulatory regime is working and to identify areas for oversight. Compliance with the notices and the accuracy of the data remain central to the next stage of their implementation.
In the market, Meta shares closed at $642.62 on 23 October 2026, then at $630.56 on 26 October and $620.19 on 27 October. The closing price fell to $612.49 on 28 October, before reaching $624.52 on 29 October. These prices show the stock’s movement during the cited sessions, without linking it to the court ruling. The next regulatory step is for the companies to respond to the information notices and the regulator’s requirements. Breaching those requirements could lead to an investigation and enforcement action, as Ofcom has explained.