Background: Ofcom's Requests and Legal Basis
The regulator said it expected to request such data "on a regular basis" and asked the companies to consider the requests as part of their data retention policies [1].
As of February 26, 2026, Ofcom had issued 197 such requests to American companies alone, according to reporting on the case [1]. The notices were issued under section 100 of the Online Safety Act, which permits the regulator to demand "any information that they require for the purpose of exercising, or deciding whether to exercise, any of their online safety functions" [1]. The same section allows Ofcom to request information about "the use of a service by a named individual" and to view "in real time the operation of systems, processes or features, including functionalities and algorithms" [1].
The platforms also contended that the February notices bypassed the Act's transparency reporting framework, an argument the court rejected [2].
Court's Reasoning and Rejection of Challenges
The court found that section 100 is broad and does not require the regulator to identify a specific task before demanding information [1].
The court further ruled that the companies failed to provide sufficient evidence that compliance would be burdensome.
TikTok argued in its submission that Ofcom "first decided that it wished to gather large quantities of data...and then sought to identify statutory functions which could provide an ostensible justification" [1]. The court saw no issue with that sequence, according to the ruling [1]. The companies had pointed to Ofcom's own evidence describing the data as "helpful" and "nice to have" for "horizon scanning" of future potential risks, but the judges did not accept that this undermined the notices [1].
Implications and Reactions
Ofcom can fine companies up to 10 percent of their global revenue and block their services in the U.K. for non-compliance with its rules, according to reporting on the regulator's enforcement powers [1].
The ruling gives Ofcom broad authority to collect data on a "regular basis" and to view platform systems and algorithms in real time, according to the judgment as reported [1]. The decision could open the way for further and more extensive data collection requests, analysts noted [1].
The four companies have not indicated whether they will appeal the ruling.
The ruling arrives amid broader scrutiny of U.K. speech regulation. Ofcom has separately faced criticism over its handling of the Online Safety Act, including a £950,000 penalty issued to an American suicide discussion forum that had blocked British visitors [3].
Conclusion
The ruling may lead to further data collection requests from the regulator, which has said it expects to seek such information on a regular basis [1].
References
- UK High Court Upholds Speech Regulator Notices To Meta, WhatsApp, X, And TikTok. https://reclaimthenet.org/uk-high-court-upholds-speech-regulator-notices
- London High Court Rejects Meta, TikTok and X Challenge to Britain's .... https://www.techpolicylaw.org/updates/london-high-court-rejects-meta-tiktok-and-x-challenge-to-britain-s-ofcom-informa
- Ofcom and the Fantasy of Global Speech Control. https://reclaimthenet.org/ofcom-and-the-fantasy-of-global-speech-control
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