Ofcom investigates Meta over Instagram Instants as tech firms challenge UK data rules in court
British regulator Ofcom opened an investigation into Meta over its Instagram Instants feature while Meta, TikTok, and X challenged the watchdog's data demands in court.
Courtroom challenge over data demands
Meta Platforms, TikTok, and X are contesting the demands of Britain's communications regulator, Ofcom, in court over information requests issued under the 2023 Online Safety Act. In February, Ofcom served notices requiring the platforms to deliver detailed content moderation metrics. The regulator asked how many posts the companies had removed or restricted, alongside the number of users exposed to harmful material. The platforms argue that these data mandates impose an excessive regulatory burden.
The most burdensome information request X has received from any regulator in any jurisdiction.
Meta stated in court filings that the regulator demanded extensive data covering seven of its services without defining a clear regulatory purpose. TikTok argued that Ofcom bypassed an alternative monitoring system that contains procedural safeguards.
Regulatory defense and legal calendar
Ofcom rejected the companies' arguments, stating that granular data is necessary to evaluate the effectiveness of the UK online safety framework. The regulator stated that it narrowed the scope of its information requests before the binding notices took effect.
Parliament has charged us with the job of regulating an industry that has been unregulated and unaccountable for more than 20 years.
The court hearing over the information notices is scheduled to conclude on Wednesday. Meta has also filed a separate challenge against Ofcom regarding the calculation of regulatory fees and fines, which the court is scheduled to hear next week. Under the 2023 law, companies that commit severe breaches face fines reaching up to 10% of their global annual turnover.
Investigation into Instagram Instants
In addition to the courtroom proceedings, Ofcom opened a formal investigation into Meta on Tuesday regarding the launch of its Instagram Instants feature. Meta released Instants in May as a tool allowing users to share ephemeral photos with mutual contacts or designated close friends, with images disappearing after being viewed. The regulator is investigating whether Meta breached the Online Safety Act by failing to conduct sufficient child safety and illegal content risk assessments before release.
- UK Parliament passes the Online Safety Act establishing Ofcom regulatory oversight.
- Ofcom issues information notices demanding content moderation figures from platforms.
- Meta rolls out the disappearing photo feature Instants to Instagram users.
- Ofcom opens an investigation into Instants as court hears platform challenges against data notices.
The legislation requires platforms to evaluate potential risks before introducing features that could expose minors to illegal material, pornography, or content promoting self-harm and suicide. George Lusty, the enforcement director at Ofcom, stated that mandatory pre-launch risk assessments are essential for protecting online users.
You wouldn't launch a new car without testing it properly, and it's the same for online services.
Platform protections and wider scrutiny
Meta stated that it takes its legal obligations seriously, having conducted a risk analysis and briefed Ofcom on multiple occasions prior to launching Instants in May. The company noted that Instants incorporates safeguards for Teen Accounts, including restrictions that prevent recipients from taking screenshots, forwarding, or resharing images. Meta confirmed that it will cooperate with the regulator during the inquiry. The probe adds to existing enforcement actions under the 2023 law, which include an open child safety investigation into TikTok and an active inquiry into Telegram.
