Meta challenges Ofcom over Online Safety Act category ruling
Meta has filed a legal appeal against Ofcom's decision to place WhatsApp and Instagram in a category that imposes additional duties under the Online Safety Act, as regulators face accusations that tech firms are using courts to delay implementation.
Meta has launched a fresh legal challenge against Ofcom, Britain's media regulator, appealing a decision that places its messaging and photo-sharing platforms WhatsApp and Instagram under a stricter category of duties imposed by the Online Safety Act. Lawyers for the parent company of Facebook served notice during the week, according to reports, marking the latest in a series of legal actions by social media firms accused of using the courts to slow down the implementation of the landmark online safety legislation.
The appeal targets Ofcom's classification of WhatsApp and Instagram into a category that subjects them to additional regulatory obligations. The Online Safety Act, which became law in 2023, gives Ofcom powers to impose duties on platforms to protect users from harmful content, with the most stringent requirements reserved for the largest and riskiest services. Meta's challenge is understood to question the basis on which the regulator placed these two services in that higher tier, though the precise legal grounds have not been made public.
The move comes amid growing scrutiny of how technology companies are responding to the new regulatory regime. Critics argue that legal challenges of this kind are being used as a delaying tactic, allowing platforms to postpone compliance while cases work their way through the courts. Ofcom has previously said it will defend its decisions robustly and that the Act provides a clear framework for holding companies accountable.
Meta owns Facebook, Instagram, WhatsApp and Threads, giving it a significant footprint across social media and messaging in the UK. The company has consistently said it supports proportionate regulation but has raised concerns about the scope and speed of implementation. Its latest appeal follows other legal actions brought by social media firms against aspects of the Online Safety Act, suggesting a broader industry pushback against the pace and reach of the new rules.
The outcome of the challenge could have implications for how quickly Ofcom can enforce the additional duties on Meta's platforms. If the appeal succeeds, it may delay or alter the requirements that WhatsApp and Instagram must meet, potentially affecting millions of UK users. The regulator has not commented publicly on the specifics of the case, and no hearing date has been announced.
For now, the legal action underscores the tension between regulators seeking to implement online safety laws and technology companies navigating compliance while protecting their business models. As the case proceeds, it will be watched closely by other platforms, policymakers and civil society groups with an interest in how the Online Safety Act is applied in practice.
