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TechFyle | TF > Reporting > AI > Meta Sues Ofcom Over Online Safety Act Fines

Meta Sues Ofcom Over Online Safety Act Fines

Meta just took Britain's media regulator to the High Court. The dispute is about one specific number — but the stakes affect every tech platform operating in the UK.

Li Nguyen
Last updated: 2 hours ago
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Meta’s Online Safety Act legal challenge arrived at London’s High Court — and it landed with implications far beyond Meta itself. Meta filed a judicial review against Ofcom, the U.K.’s media and communications regulator, challenging the methodology Ofcom uses to calculate both the annual fees that platforms must pay under the Online Safety Act and the fines it can impose for breaches of that law. The dispute is narrow in description. It is enormous in consequence. Ofcom bases both fees and fines on a platform’s qualifying worldwide revenue — not just the revenue it generates from U.K.based services. Meta argues that is disproportionate and unlawful. The full hearing is scheduled for October 2026.

What’s Happening & Why It Matters

What the Online Safety Act Actually Requires

The Online Safety Act passed into law in 2023. It established Ofcom as the U.K.s designated regulator for online services — with sweeping powers to require platforms to identify, assess, and mitigate the risks their services pose to users. The law targets illegal content, child sexual abuse material, content harmful to children, and harms to adults. It covers social media platforms, search engines, and pornographic content providers.

The financial enforcement structure is significant. Ofcom can fine platforms up to 10% of their qualifying worldwide revenue for breaches. Additionally, the Act requires Ofcom to recover the costs of running the regulatory regime through annual fees charged to in-scope service providers. Both the fines and the fees use the same revenue multiplier — and that multiplier applies to global income, not U.K. income.

Why Meta’s Online Safety Act Challenge Centres on One Word: “Worldwide”

Meta’s legal challenge to the Online Safety Act rests on a single methodological objection. Ofcom defines “qualifying worldwide revenue” as total global earnings from a regulated service — meaning Meta‘s fees and potential fines would be calculated against its entire global revenue base. Meta argues that fees and penalties should instead reflect only the revenue that Ofcom actually regulates — that is, revenue from U.K-based services.

The financial difference between those two calculations is enormous. Meta‘s total annual revenue is approximately $165 billion (€152 billion). The annual fee under Ofcom‘s methodology falls between 0.02% and 0.03% of qualifying worldwide revenue — translating to tens of millions of pounds per year for Meta alone. By contrast, a fine of up to 10% of qualifying worldwide revenue would represent a potential penalty of $16.5 billion (€15.2 billion) — larger than any fine any U.K. regulator has ever imposed on any company.

A Meta spokesperson explained the company’s position clearly. “We and others in the tech industry believe Ofcom’s decisions on the methodology to calculate fees and potential fines are disproportionate. We believe fees and penalties should be based on the services being regulated in the countries where where they’re regulated. This would still allow Ofcom to impose the largest fines in U.K. corporate history.” That last line is deliberate. Meta is not arguing that Ofcom has no authority to fine it. It argues that Ofcom has no authority to calculate that fine using a global revenue base.

Ofcom’s Position: Parliament Made the Rules

Ofcom‘s response was direct and unreserved. The regulator stated that it had defined “qualifying worldwide revenue” based on a plain reading of the law that Parliament passed. “Disappointingly, Meta are objecting to the payment of fees, and any penalties that could be levied on companies in future, that are calculated on this basis. We will robustly defend our reasoning and decisions,” Ofcom said in a statement. Ofcom‘s lawyer, Javan Herberg, told the High Court that the regulator intends to issue invoices for fees in Q3 2026 — most likely in September. If Meta’s challenge succeeds, Ofcom has acknowledged that it may need to pay refunds.

The regulator has consulted extensively on how to apply the revenue methodology. It argues the worldwide revenue approach is both legally correct and operationally justified — because platforms’ U.K. operations cannot be cleanly separated from their global technical and business infrastructure. A U.K.only revenue figure, Ofcom argues, would systematically understate the scale of a platform’s operations, rendering the regulatory fee structurally inadequate.

The Second Objection: Joint Liability Across Related Companies

Beyond the calculation of worldwide revenue, Meta’s Online Safety Act challenge raises a second distinct legal argument. Meta is challenging Ofcom’s policy on how fines are calculated where two or more providers owned by the same organisation are found jointly liable for breaches. Under Ofcom’s current policy, a fine against both Facebook and Instagram — both Meta properties — could be calculated separately using each service’s worldwide revenue base. Meta argues that the the approach could result in multiple applications of a worldwide revenue multiplier, which, when combined, would produce a penalty unlike anything previously seen in U.K. corporate enforcement history. Ofcom has not publicly agreed with that characterisation.

Who Else Is Watching — and Why This Is an Industry-Wide Fight

Meta’s challenge to the Online Safety Act is a solo filing. In practice, it is almost certainly not a solo concern. Meta’s lawyers told the High Court that the Computer and Communications Industry Association (CCIA) and Epic Games — the maker of Fortnite — may seek to intervene in the case. CCIA U.K. Senior Director Matthew Sinclair confirmed its intent directly. “CCIA supports Meta’s challenge and intends to apply to intervene to assist the court in understanding the wider potential impact on the sector,” he said.

The “wider potential impact on the sector” is the telling phrase. TikTok, X (formerly Twitter), Snap, Pinterest, and every other large platform in scope under the Online Safety Act are subject to the same calculation methodology. None has yet joined Meta’s filing publicly. Most are reported to share the underlying objection. A ruling against Ofcom would force a recalibration of the entire fee-and-fine structure — potentially reducing the financial exposure of every platform operating in the U.K.

The Enforcement Context

Meta’s Online Safety Act challenge arrives as Ofcom begins moving the regime from set-up to active enforcement. The regulator fined the fringe imageboard 4chan £520,000 in March 2026 and AVS Group £1.05 million in December 2025 for age-verification failures. Ofcom also issued letters to Facebook, Instagram, Roblox, Snapchat, TikTok, and YouTube in March 2026 demanding evidence of further child-safety improvements. An Ofcom probe into Telegram‘s handling of child sexual abuse material is ongoing.

In that context, the methodology dispute is not merely academic. Ofcom is building toward major enforcement actions against the largest platforms. If Meta succeeds in having the worldwide revenue methodology struck down, the financial deterrence of the entire Online Safety Act regime weakens considerably — at the exact moment Ofcom is preparing to use it at scale.

Comparing the U.K. Framework to the EU Regulation

The worldwide revenue approach is not unique to the U.K. Under the EU’s General Data Protection Regulation (GDPR), fines can reach 4% of global annual revenue. Under the EU’s Digital Services Act (DSA), fines can reach 6% of global revenue. Meta has accumulated more than €2.5 billion in EU fines since GDPR came into force — more than half of all cumulative GDPR penalties imposed across the entire bloc. The company has appealed most of them. The Online Safety Act challenge continues a consistent pattern: Meta litigates the calculation methodology of every major regulatory framework it operates under, in every jurisdiction, as a matter of corporate strategy.

TF Summary: What’s Next

The High Court hearing is scheduled for October 2026. Ofcom plans to issue fee invoices in September 2026 — before the hearing concludes. If Meta wins, Ofcom will issue refunds and recalibrate its methodology. If Ofcom wins, the worldwide revenue framework stands — and every platform in scope knows exactly what its maximum fine exposure looks like. The court will decide whether to allow applications from CCIA and, potentially, Epic Games to intervene in the case before the October hearing.

MY FORECAST: Ofcom will prevail. The worldwide revenue methodology reflects a plain reading of the Online Safety Act as Parliament drafted it, and courts consistently favour clear legislative text over industry-preferred interpretations. Meta’s challenge is better understood as a delay-and-discovery mechanism than a likely win — buying time before the September invoice arrives, generating internal intelligence about how Ofcom intends to deploy the financial regime, and signalling to the U.K. government that aggressive enforcement will lead to costly litigation. That signal is the real message. Meta is not expecting to rewrite the law. It is making it clear that enforcing it against the largest platforms will not be free.


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Li Nguyen 2 hours ago 2 hours ago
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By Li Nguyen “TF Emerging Tech”
Background:
Liam ‘Li’ Nguyen is a persona characterized by his deep involvement in the world of emerging technologies and entrepreneurship. With a Master's degree in Computer Science specializing in Artificial Intelligence, Li transitioned from academia to the entrepreneurial world. He co-founded a startup focused on IoT solutions, where he gained invaluable experience in navigating the tech startup ecosystem. His passion lies in exploring and demystifying the latest trends in AI, blockchain, and IoT
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