Sunday, 20 September 2026
Meta has expanded its legal dispute with UK communications regulator Ofcom by challenging the classification of Instagram and WhatsApp under the Online Safety Act. The latest appeal concerns Ofcom’s decision to place the services in Category 1, which subjects widely used platforms to additional regulatory requirements. Roblox and Quora have also appealed their classifications. Meta maintains that its challenge concerns how Ofcom is interpreting and implementing the legislation rather than opposition to the Online Safety Act itself.
Ofcom’s current Category 1 register includes Facebook, Instagram, WhatsApp, YouTube, TikTok, X, Reddit, Snapchat, Pinterest, Roblox and Quora, while Messenger and Threads are among services identified as potentially meeting the same thresholds. Category 1 companies face additional requirements covering areas including user controls, identity verification, complaints, terms of service, freedom of expression, privacy and the treatment of certain journalistic and democratic content. Meta argues that some requirements designed for large public platforms are not necessarily appropriate for private conversations and small messaging groups on WhatsApp.
The categorisation case is one of several disputes between Meta and Ofcom. The technology group is also challenging elements of the system used to finance the regulator’s online-safety work, under which qualifying companies contribute towards Ofcom’s costs based partly on qualifying worldwide revenue. Meta argues that the approach places a disproportionate financial burden on the largest international companies. The legislation also gives Ofcom powers to impose substantial penalties for non-compliance, with maximum fines linked to qualifying worldwide revenue.
A separate dispute concerns Ofcom’s powers to obtain information from regulated platforms. Meta, TikTok and X have questioned whether some requests for internal data and documentation extend beyond what is necessary or permitted under the legislation. Ofcom argues that access to appropriate company information is required to determine whether platforms are meeting their responsibilities. One of Meta’s separate challenges is scheduled for a substantive High Court hearing on 13 and 14 October.
The growing volume of litigation has increased scrutiny of how quickly Britain’s online-safety regime can be implemented. Some politicians have argued that legal challenges could delay progress, while technology companies maintain that judicial scrutiny is a legitimate way of determining the boundaries of a complex regulatory framework. There is not yet sufficient evidence to establish how much the court cases themselves have delayed implementation. A House of Lords inquiry is separately examining the effectiveness and implementation of the Online Safety Act, with senior Ofcom officials giving evidence in September.
Significant parts of the regulatory framework are already operating. Ofcom has progressively introduced requirements under the legislation and published its register of categorised services during 2026. Further Category 1 obligations are now being developed covering areas such as user choice, identity verification, complaints and terms of service. Additional compliance deadlines are approaching, including requirements for certain regulated companies to provide updated risk-assessment records to Ofcom and subsequently publish summaries.
The disputes are becoming an important test of how Britain’s regulatory system applies to global technology businesses. The cases are not deciding whether the Online Safety Act should exist, but could clarify how Ofcom categorises services, obtains company information, calculates regulatory costs and applies additional obligations. For international technology companies, the outcome could influence the cost and complexity of operating in the UK as legal resources, compliance systems, internal reporting and regulatory oversight become an increasingly significant part of running large digital platforms.
