Meta has initiated a new legal challenge against the United Kingdom’s media regulator, Ofcom, contesting the regulator’s classification of WhatsApp and Instagram under the Online Safety Act, which would subject the platforms to heightened regulatory requirements. The appeal was filed this week by Meta’s legal team, targeting the additional obligations imposed on its messaging and social media services.
Under the Online Safety Act, platforms categorized in certain ways face enhanced duties, including increased transparency, offering more user controls, implementing stronger protections against fraudulent advertising, and expanding the recording of illegal content. Meta’s challenge specifically disputes Ofcom’s decision to place WhatsApp and Instagram in a category that triggers these stricter rules.
This legal move is part of a broader pushback from major U.S. technology companies and aligns with previous challenges to the legislation’s enforcement, including resistance seen during the Trump administration. Earlier, Meta brought a separate lawsuit in London in May, arguing that Ofcom’s fee calculation method—based on a company’s global revenue—is flawed. The regulator currently finances its online safety operations by levying charges calculated as a portion of a platform’s qualifying worldwide revenue.
Under the Online Safety Act, platforms can face fines reaching up to 10% of their qualifying worldwide revenue or £18 million, whichever is greater, for breaches of the legislation’s provisions. Both TikTok and X have similarly pursued legal actions concerning the scope of information they must provide to Ofcom to enable effective monitoring of their services.
Oliver Griffiths, Ofcom’s group director for online safety, acknowledged the challenge of enforcing the legislation amid extensive legal opposition. Speaking before the House of Lords, Griffiths described the environment as “highly litigious,” noting that the regulator faces multiple judicial reviews from a variety of platforms. He emphasized Ofcom’s commitment to implementing the law responsibly while guarding against legal risks posed by well-funded companies.
Meta’s spokesperson clarified that the company’s challenge is not directed at the Online Safety Act itself but at specific aspects of how Ofcom has interpreted and enacted its provisions. They highlighted that similar challenges have been brought by other industry players, including TikTok, Roblox, X, and Quora, characterizing such disputes as typical when new regulatory frameworks are introduced to ensure fair and consistent application.
Meanwhile, Lisa Nandy, the UK’s secretary of state for Digital, Culture, Media and Sport, reaffirmed the government’s determination to expand internet regulation. She stated that rapid technological change will require quicker and more interventionist governmental responses, with ongoing updates to legislation viewed as necessary to keep pace with evolving digital platforms.