A platform does not have to face a finding of an online-safety breach before its regulator can demand information about how its services operate.
The UK High Court upheld Ofcom’s information notices to Meta and WhatsApp, TikTok and X on October 30, rejecting challenges to data demands issued under the Online Safety Act 2023.
The decision concerns the lawfulness of the notices. It does not establish that the companies breached their substantive safety duties.
What Ofcom requested
The notices sought information about user activity, moderation actions, exposure to harmful content, complaints and appeals.
The companies challenged the notices on several grounds, including Ofcom’s statutory authority and the burden of compliance.
The Court refused permission on grounds it considered unarguable. It permitted the proportionality challenges to proceed but rejected them on their merits.
Why the burden argument failed
The Court assessed the regulatory objectives and the value of the requested information against the resources required to produce it.
According to the Court’s summary, the companies’ evidence did not adequately establish the relevant baselines or additional resource impact. The proportionality challenge therefore failed on the evidence presented.
For regulated businesses, the practical implication is that describing a request as expensive or unprecedented may be insufficient. A challenge needs evidence connecting the requested work, existing systems and incremental burden.
What remains unresolved
Other litigation over the online-safety regime remains separate. This ruling should not be treated as deciding every dispute about fees, penalties or Ofcom’s wider powers.
For Canadian regulatory lawyers, the case offers a comparison on the evidence needed to challenge information demands. It also illustrates how information-gathering powers support supervision before a regulator reaches an enforcement conclusion.
Timing: Judgment October 30, within the original coverage window. Later October 30 reporting included the companies’ reactions; no confirmed appeal was identified in the update search.
Sources: Reuters judgment report · MLex judgment report · Official court press summary
Related coverage: Stripchat Loses EU Platform Challenge: Why User-Counting Methods Matter.