The tech giant’s lawsuit claims the UK regulator’s approach to fees, fines and additional duties is ‘troubling’.
Meta has launched a fresh legal challenge against Ofcom over fees and potential fines under the Online Safety Act.
Last week, the Upper Tribunal served the UK watchdog papers appealing against WhatsApp and Instagram being placed in a category that subjects them to additional responsibilities.
These include protecting users from fraudulent ads, greater transparency and increased reporting of illegal content.
The Online Safety Act was rolled out in phases throughout 2025. In July, Ofcom published additional safety measures and an official register of categorised services, which it deems are high-risk platforms and subject to stricter rules.
A platform falls under the category one remit if it has more than 34 million average monthly users in the UK and an algorithm to suggest posts; or has seven million average monthly users in the UK, uses an algorithm to suggest posts and lets users share content.
Meta is arguing category one does not account for private one-to-one messaging and small group messaging.
Similarly, Roblox and Quora are also challenging Ofcom over its category one designation in a separate legal case.
Meta is also challenging Ofcom over its methodology of calculating fees and fines, claiming it is disproportionate.
Under the regulation, fees will be based on the company’s global revenue and will apply to those earning more than £250m a year. Any breaches could result in companies being fined up to 10% of their qualifying global revenue or £18m, whichever is greater.
Monica Carss-Frisk KC, lawyer representing the Facebook-owner said in court documents that Ofcom’s arrangement is “troubling” and has led to “a handful of companies, such as Meta, bearing the vast majority of Ofcom’s costs, despite the act making clear that it is concerned with a wide range of internet services offered in the UK”.
Meta is not the only one challenging the UK media regulator over its new rules. TikTok and X have also launched their own legal action regarding how Ofcom gathers information.
An Ofcom spokesperson told Affiliate Leaders: “Under the Online Safety Act, parliament has charged us with the job of regulating an industry that has been unregulated and unaccountable for more than 20 years.
“Meta, X and TikTok are challenging our efforts to gather information from them. Meta are 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.”
Officials and politicians have also raised concerns that the slew of legal challenges from big tech firms is an attempt to slow down the implementation of the Online Safety Act.
Damian Collins, former junior minister for tech and the digital economy in the previous Conservative government, told the FT: “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.”
Commenting on the latest legal action, a spokesperson for Meta, said: “Like many others in the industry, including TikTok, Roblox, X and Quora, we are challenging specific aspects of implementation.
“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.”
The move from Meta comes at the same time as a German court ruled the social media company is liable for fake ads posted by third-parties on Instagram and Facebook.
