WThe High Court has dismissed a legal challenge by the Wikimedia Foundation, the non-profit behind Wikipedia, against the UK’s new online safety regulations.
The Foundation argued that the Online Safety Act could impose disproportionate restrictions on Wikipedia by potentially categorising it as a category one service, a label intended for large platforms like social media giants and search engines. This designation, they claimed, could require Wikipedia to implement user verification systems, threatening user privacy and the platform’s open-access model.
Court ruling on Wikipedia Foundation
However, in a ruling issued on Monday, Mr Justice Johnson concluded that the Wikimedia Foundation failed to demonstrate that the legislation or the regulator’s interpretation was irrational or flawed.
“The claimants have not identified any basic flaw in the logic or reasoning that Ofcom applied, and which officials approved, and the Secretary of State accepted,” the judgment stated.
The ruling does not determine whether Wikipedia will ultimately be designated a category one service. That decision still lies with Ofcom, the UK’s digital communications regulator, which has yet to make a final determination.
Mr Justice Johnson emphasised that the judgment does not give the government or Ofcom a green light to impose restrictions that would significantly impede the Foundation’s operations or violate the right to freedom of expression under the Human Rights Act. Any such decision would need to be justified as proportionate.
Wikipedia had warned that if it were required to comply with category one rules, it might have to introduce a quota system limiting access for UK users to avoid compliance costs and operational burdens.
Responding to the ruling, Phil Bradley-Schmieg, legal counsel for the organisation, said: “While the decision does not provide the immediate legal protections for Wikipedia that we hoped for, the court’s ruling emphasised the responsibility of Ofcom and the UK Government to ensure Wikipedia is protected as the Online Safety Act is implemented.”
The Online Safety Act, the UK’s flagship digital safety legislation, imposes wide-ranging duties on online platforms to tackle harmful content, especially content deemed unsafe for children. Critics, however, argue the law threatens freedom of expression and promotes censorship.
Tech figures including Elon Musk, whose platform X (formerly Twitter) operates in the UK, have criticised the act as an overreach. Musk has claimed it amounts to censorship and warned that free speech will suffer. Reform Party leader Nigel Farage has called for the law to be repealed entirely.
