Meta court battle will not delay Instagram probe, Ofcom says
Meta’s legal challenge against Ofcom has not delayed the regulator’s separate investigation into Instagram, Ofcom has told City AM.
The watchdog said the ongoing English High Court proceedings had “not impacted the timing” of its decision to investigate whether Meta broke UK online safety rules when it launched Instagram Instants.
The comments come as Meta, TikTok and X challenge Ofcom in court over how much information it can demand from technology companies under the Online Safety Act, in one of the first major legal tests of the regulator’s new powers.
On Tuesday, Ofcom opened a separate investigation into whether Meta carried out adequate risk assessments before launching Instants, an Instagram feature that allows content to disappear after it has been viewed.
But “the court case has not impacted the timing of the investigation”, an Ofcom spokesperson told City AM.
The regulator also stressed that the information notices Meta is challenging were separate from those involved in the new probe.
The watchdog noted that, while it would not speculate on ongoing litigation, adding: “However, we note that the litigation concerns information notices outside of this investigation”.
A Meta spokesperson said it would not comment on this matter.
Ofcom to press ahead with probe
The intervention means Ofcom intends to press ahead with its scrutiny of Meta while simultaneously defending its information-gathering powers in court.
Meta, TikTok and X are challenging information notices the watchdog issued in February, demanding detailed data on how their platforms moderate content.
Meta has argued that Ofcom sought “wide-ranging and granular information” covering seven of its services without a clearly defined regulatory purpose, while X described the demands as the most burdensome information request it had received from any regulator.
Ofcom rejected the tech companies’ criticism that its demands imposed an unprecedented regulatory burden.
“Providers are not able to protect people, especially children, without first understanding how harm could take place on their platforms, and how their features and functionalities could increase those risks of harm”, the spokesperson told City AM.
“Risk assessments are fundamental to keeping users safer online and are a duty on services under the Online Safety Act”.
The watchdog is investigating whether Meta failed to carry out “suitable and sufficient” illegal content and children’s risk assessments before launching Instants in May.
Under the Online Safety Act, providers must update their assessments before making significant changes to the design or operation of their services.
Ofcom said it would progress the investigation “as a matter of priority while ensuring we follow due process”. Its enforcement rules require it first to gather and analyse evidence before determining whether a breach has occurred.
An investigation itself does not mean the regulator has concluded Meta broke the law.