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Ofcom v Meta: 5Rights to argue for credible deterrent in landmark high court hearing
As Meta challenges Ofcom in the High Court today, 5Rights Foundation warns that the outcome could have far-reaching consequences for online safety regulation in the UK and beyond.
Meta is challenging Ofcom’s approach to calculating maximum penalties under the Online Safety Act (OSA), in a case that could help determine whether governments can meaningfully hold the world’s largest technology companies to account.
At the heart of the challenge is how a company’s revenue should be counted when calculating potential fines, including whether penalties should reflect worldwide revenue and revenue across multiple regulated services.
5Rights Foundation is the only organisation that has been granted permission to intervene in support of Ofcom. 5Rights will argue that Parliament intended the Act to provide a strong deterrent against non-compliance, and that meaningful penalties are essential to effective enforcement.
The Online Safety Act was introduced in response to serious online harms, including those experienced by children. 5Rights warns that if penalties cannot provide a credible deterrent, the Act risks failing to deliver the protections children need.
5Rights has also warned that the case reflects a wider challenge for regulators around the world, as repeated legal challenges by powerful technology companies risk slowing and weakening enforcement. Meta is not alone in challenging Ofcom’s implementation of the Online Safety Act, with X, TikTok and others also bringing legal challenges.
Leanda Barrington-Leach, Executive Director of 5Rights Foundation, said:
“This is bigger than any individual penalty. Intentional or not, repeated challenges by companies with enormous resources will make enforcement slower, more complicated and ultimately less effective, and it establishes a playbook for how other regulations can be undermined around the world.
“The Online Safety Act cannot be a paper tiger. Parliament intended it to provide a strong deterrent. Effective enforcement is what turns regulation into meaningful change. Without it, the promise of safer technology for children will remain unfulfilled.”
The hearing comes just days after The Social Reckoning arrives in cinemas, bringing renewed attention to the power of technology companies and the question of whether regulation can change their behaviour.
The hearing takes place on 13–14 October 2026. Judgment is expected at a later date.
