Meta launches fresh legal challenge against UK online safety rules; challenges Ofcom's decision to place WhatsApp and Instagram under Category 1 classification
Meta has started another legal challenge against the UK’s online safety regulator Ofcom, as the company disputes how parts of the country’s Online Safety Act are being applied. The latest case relates to the classification of WhatsApp and Instagram as Category 1 services, which brings additional duties under the law. According a Financial Times report, these include stronger requirements around fraudulent advertising, transparency and the handling of illegal content. Ofcom’s register currently lists both Instagram and WhatsApp as Category 1 services.
The latest appeal adds to several legal disputes between Meta and Ofcom as the UK regulator works to implement the Online Safety Act.
Why is Meta challenging OfcomAs per the FT report, Meta is challenging Ofcom’s decision to place WhatsApp and Instagram under the Category 1 classification. Ofcom says Category 1 services are among the most widely used online services and face additional responsibilities under the Online Safety Act. These include greater transparency and accountability, more user controls and measures to protect users from fraudulent advertising.
Meta argues that some of the Category 1 duties are not designed for private one-to-one and small-group messaging services. The company is not alone in challenging Ofcom's categorisation decisions. Roblox and Quora are also appealing the regulator's decisions relating to their services.
Meta faces other legal disputes with OfcomThe latest case is not Meta's only legal challenge involving Ofcom. The company is also challenging the regulator over its fees and potential fines under the Online Safety Act. Ofcom's costs for enforcing the rules are recovered through fees paid by certain technology companies, with the amount linked to their qualifying worldwide revenue.
Meta has argued that this approach places a disproportionate burden on larger companies because their worldwide revenue is used to calculate the fees.
The company has also challenged Ofcom's requests for information from platforms. Meta, along with TikTok and X, has argued that some information requests go beyond what is allowed under the law or what is necessary and proportionate, according to the Financial Times.
UK officials raise concerns over delaysThe legal challenges have raised concerns among some British officials and politicians that court proceedings could slow the implementation of the Online Safety Act. Damian Collins, a former junior minister for technology and the digital economy, said:
“It’s clearly a deliberate strategy by Meta to frustrate and delay the implementation of the Online Safety Act. It is a form of lawfare to tie up the regulator. The law is clear and it is what parliament wanted.”
He also said large technology companies have “limitless resources” to challenge the regulator and argued that the government should provide Ofcom with more funding.
Culture Secretary Lisa Nandy also criticised the pace of enforcement this week, saying: “it has been incredibly slow . . . we want to see Ofcom enforcing the law more robustly and more quickly”. Oliver Griffiths, Ofcom's group director for online safety, said the regulator was “underwhelmed” by progress and was operating in a “highly litigious environment”, according to the Financial Times.
When will the Online Safety Act be fully implementedThe Online Safety Act came into force in stages from April 2025, with different duties being introduced over time. Ofcom's current timetable includes further work on additional safety measures during autumn 2026, while Category 1 and other categorised services face further compliance requirements.
Ofcom has said the Category 1 rules cover areas including user empowerment, identity verification, complaints, terms of service, news and journalistic content, and protections for content of democratic importance.
Meta says it is challenging implementation, not the lawMeta said its legal action is not an attempt to challenge the Online Safety Act itself. A Meta spokesperson quoted in the FT report said:
“Like many others in the industry, including TikTok, Roblox, X and Quora, we are challenging specific aspects of implementation.” The spokesperson added:
“These are not challenges to the law itself, but how Ofcom has interpreted it. This is a normal feature of any new regulatory regime being bedded in and ensures questions of process, scope and implementation get settled so the law is applied proportionately, accurately and consistently.”
Ofcom, meanwhile, said it would defend its decisions. An Ofcom spokesperson said:
“Parliament has charged us with the job of regulating an industry that has been unregulated and unaccountable for more than 20 years.”
The regulator added: “Meta, X and TikTok are challenging our efforts to gather information from them. Meta is challenging us on our ability to set fees and maximum fines. Separately, Roblox, WhatsApp, Instagram and Quora are appealing our decisions in July to designate them as category 1 services. On all these fronts, we will robustly defend our reasoning and decisions.”
The latest appeal adds to several legal disputes between Meta and Ofcom as the UK regulator works to implement the Online Safety Act.
Why is Meta challenging OfcomAs per the FT report, Meta is challenging Ofcom’s decision to place WhatsApp and Instagram under the Category 1 classification. Ofcom says Category 1 services are among the most widely used online services and face additional responsibilities under the Online Safety Act. These include greater transparency and accountability, more user controls and measures to protect users from fraudulent advertising.
Meta argues that some of the Category 1 duties are not designed for private one-to-one and small-group messaging services. The company is not alone in challenging Ofcom's categorisation decisions. Roblox and Quora are also appealing the regulator's decisions relating to their services.
Meta faces other legal disputes with OfcomThe latest case is not Meta's only legal challenge involving Ofcom. The company is also challenging the regulator over its fees and potential fines under the Online Safety Act. Ofcom's costs for enforcing the rules are recovered through fees paid by certain technology companies, with the amount linked to their qualifying worldwide revenue.
Meta has argued that this approach places a disproportionate burden on larger companies because their worldwide revenue is used to calculate the fees.
The company has also challenged Ofcom's requests for information from platforms. Meta, along with TikTok and X, has argued that some information requests go beyond what is allowed under the law or what is necessary and proportionate, according to the Financial Times.
UK officials raise concerns over delaysThe legal challenges have raised concerns among some British officials and politicians that court proceedings could slow the implementation of the Online Safety Act. Damian Collins, a former junior minister for technology and the digital economy, said:
“It’s clearly a deliberate strategy by Meta to frustrate and delay the implementation of the Online Safety Act. It is a form of lawfare to tie up the regulator. The law is clear and it is what parliament wanted.”
He also said large technology companies have “limitless resources” to challenge the regulator and argued that the government should provide Ofcom with more funding.
Culture Secretary Lisa Nandy also criticised the pace of enforcement this week, saying: “it has been incredibly slow . . . we want to see Ofcom enforcing the law more robustly and more quickly”. Oliver Griffiths, Ofcom's group director for online safety, said the regulator was “underwhelmed” by progress and was operating in a “highly litigious environment”, according to the Financial Times.
When will the Online Safety Act be fully implementedThe Online Safety Act came into force in stages from April 2025, with different duties being introduced over time. Ofcom's current timetable includes further work on additional safety measures during autumn 2026, while Category 1 and other categorised services face further compliance requirements.
Ofcom has said the Category 1 rules cover areas including user empowerment, identity verification, complaints, terms of service, news and journalistic content, and protections for content of democratic importance.
Meta says it is challenging implementation, not the lawMeta said its legal action is not an attempt to challenge the Online Safety Act itself. A Meta spokesperson quoted in the FT report said:
“Like many others in the industry, including TikTok, Roblox, X and Quora, we are challenging specific aspects of implementation.” The spokesperson added:
“These are not challenges to the law itself, but how Ofcom has interpreted it. This is a normal feature of any new regulatory regime being bedded in and ensures questions of process, scope and implementation get settled so the law is applied proportionately, accurately and consistently.”
Ofcom, meanwhile, said it would defend its decisions. An Ofcom spokesperson said:
“Parliament has charged us with the job of regulating an industry that has been unregulated and unaccountable for more than 20 years.”
The regulator added: “Meta, X and TikTok are challenging our efforts to gather information from them. Meta is challenging us on our ability to set fees and maximum fines. Separately, Roblox, WhatsApp, Instagram and Quora are appealing our decisions in July to designate them as category 1 services. On all these fronts, we will robustly defend our reasoning and decisions.”
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