Meta challenges UK decision on WhatsApp and Instagram safety rules

Meta Platforms has filed a legal challenge against UK regulator Ofcom's decision to classify WhatsApp and Instagram under the country's strictest online safety rules. The company argues that some of the obligations imposed by the Online Safety Act are not appropriate for private messaging services.

Meta's legal team has appealed the designation of WhatsApp and Instagram as "Category 1" services, which entails increased transparency and user protection measures against illegal content and fraudulent advertising. Meta contends that these stringent duties are ill-suited for private one-to-one and small-group communications. The company states it is challenging Ofcom's interpretation of the law, not the law itself, seeking a "proportionate, accurate, and consistent" application.

Under the Online Safety Act, Category 1 services face the most rigorous requirements. Ofcom bases this classification on factors such as the number of UK users and the presence of content recommendation systems or content-sharing features. Breaches of the Act can result in fines of up to 10% of a company's global annual revenue.

This legal action marks Meta's second dispute with Ofcom this year, following an earlier challenge regarding regulatory fee calculations. Other tech companies, including Roblox and Quora, are also contesting their Category 1 designations, while TikTok and X have initiated legal proceedings over information disclosure requirements, indicating a broader trend of regulatory friction.