UK High Court dismisses Wikimedia challenge to Online Safety Act, leaves door open for future action

The UK High Court has dismissed the Wikimedia Foundation’s legal challenge to parts of the country’s Online Safety Act, but indicated that future legal action could be possible as the law is implemented.

The UK High Court on Monday dismissed the Wikimedia Foundation’s challenge to certain provisions of the country’s Online Safety Act (OSA), but suggested the nonprofit may have grounds for legal action in the future. The Wikimedia Foundation, which operates Wikipedia, sought a judicial review of the OSA’s Categorization Regulations in May, raising concerns that the rules could subject Wikipedia to the most stringent “Category 1” duties intended for social media platforms.

The Foundation argued that under the OSA’s “Category 1” duties, it might be required to verify the identity of users — undermining privacy — or risk allowing “potentially malicious” users to block unverified contributors, leading to unchecked vandalism and disinformation.

Although the court ruled against Wikimedia, it stated, “does not give Ofcom and the Secretary of State [for Science, Innovation and Technology] a green light to implement a regime that would significantly impede Wikipedia’s operations.” Phil Bradley-Schmieg, lead counsel at the Wikimedia Foundation, said, “While the decision does not provide the immediate legal protections for Wikipedia that we hoped for, the Court’s ruling emphasized the responsibility of Ofcom and the UK government to ensure Wikipedia is protected as the OSA is implemented.”

Bradley-Schmieg added that the Foundation “will seek solutions to protect Wikipedia and the rights of its users as the OSA continues to be implemented.”

Ofcom said in June it was closely monitoring the legal challenge and would publish its register of categorized services “as soon as possible thereafter,” having initially planned to do so this summer.

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