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Meta, TikTok and X lose hearing against UK watchdog over moderation data demands

Meta, ‌TikTok and X have lost a legal challenge against ‌the UK's regulator over the amount of information it is demanding under new laws.

The challenge is one of the ‌first in connection with the 2023 Online Safety Act, which set tougher standards for social media platforms - aiming to ⁠protect children from ⁠harmful and illegal content.

Ofcom has been gradually implementing the new requirements and is now able to fine companies up to 10% of their global turnover for the most serious breaches.

In February, the UK's communications regulator issued information notices, requesting detailed content moderation metrics ⁠from the companies.

That included data on how many posts were removed or had visibility restricted, and how many users were exposed to ⁠harmful content.

TikTok, X and Meta, which owns Instagram, Facebook and WhatsApp, argued the notices create unprecedented regulatory burdens and were unlawful.

However, Lord Justice Singh and Mrs Justice Collins Rice ruled in Ofcom's favour and refused to quash the information notices.

Friday's decision by London's High Court is a boost for Ofcom, though a potentially more significant ruling on Meta's separate case about how Ofcom calculates fees and potential fines is awaited.

Meta, which is also challenging Ofcom over the categorisation of WhatsApp in the new regime, was made the subject of Ofcom's first formal investigation under the Online Safety Act earlier this month.

Data will cost 'millions of pounds' to collect

Lawyers for the companies told a hearing earlier this month that the requests related to Friday's ruling were the most burdensome they had ever received, arguing the data would cost "millions of pounds" to collect.

But the judges said in their ruling that the social media companies had not sufficiently explained why the notices would be onerous and rejected the submission that the notices were "irrational".

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At the trial earlier this month, Victoria Wakefield KC, representing TikTok, said the notice required the company to provide "vast quantitative data" on content moderation processes across a three-year period.

In written submissions, Ms Wakefield said: "They are exceptionally onerous, and in the case of TikTok UK, Meta and X, represent either the largest, or one of the largest, production exercises required of them by any regulator."

Amy Rogers KC, for X, said in written submissions the request would require X "to construct and conduct complex analytic and processing operations over vast datasets", which are not "needed or desired" for X's own business.

She said the process would take months and lead to "serious civil and criminal consequences" if X does not respond appropriately.

In written submissions for Meta, Christopher Knight KC said Ofcom was not acting within the limits of its legal powers.

He also said the requests for information were not proportionate.

The decision came on the same day the UK's competition regulator announced it had opened an investigation into whether Meta was imposing exploitative terms on publishers and advertisers to use their content to develop its own services, including its AI features.

Meta said there were "no grounds" for an investigation.

Sky News

(c) Sky News 2026: Meta, TikTok and X lose hearing against UK watchdog over moderation data demands

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