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Wikipedia loses challenge against Online Safety Act

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Re: Wikipedia loses challenge against Online Safety Act

#4

More HN comments here, https://news.ycombinator.com/item?id=44721403 ( "Wikimedia Foundation Challenges UK Online Safety Act Regulations (wikimediafoundation.org)" —189 comments)

Worth noting that was before the High Court's further judgments today, and the article has been updated. The full judgment is here: https://www.judiciary.uk/wp-content/uploads/2025/08/Wikimedi...

Re: Wikipedia loses challenge against Online Safety Act

#6
It's an interesting thing but I think their specific concerns are somewhat overcooked.

As another commenter pointed out in the earlier thread: https://news.ycombinator.com/item?id=44721712

> The categorisation regulations are a statutory instrument rather than primary legislation, so they _are_ open to judicial review. But the Wikimedia foundation haven't presented an argument as to why the regulations are unlawful, just an argument for why they disagree with them.

Ofcom's SI could simply be modified to exclude research texts, and it could even be modified to exclude Wikipedia specifically; there's no obvious problem with that considering its scale and importance.

If you go through Ofcom's checker:

https://www.ofcom.org.uk/online-safety/illegal-and-harmful-c...

The answers are 1) yes, 2) yes, 3) no, 4) probably "No, but...", 5) no, 6) no.

But the answer to getting out of the problem entirely might be to change the answer to question 6 -- that is, register Wikipedia as an education provider in the UK (since it is already used in that capacity).

I mean Wikipedia have actually exhibited at BETT, the main educational tech show here; Jimmy Wales did a keynote.

Re: Wikipedia loses challenge against Online Safety Act

#7
post #4

More HN comments here, https://news.ycombinator.com/item?id=44721403 ( "Wikimedia Foundation Challenges UK Online Safety Act Regulations (wikimediafoundation.org)" —189 comments)

Worth noting that was before the High Court's further judgments today, and the article has been updated. The full judgment is here: https://www.judiciary.uk/wp-content/uploads/2025/08/Wikimedi...

If Ofcom permissibly determines that Wikipedia is a Category 1 service, and if the practical effect of that is that Wikipedia cannot continue to operate, the Secretary of State may be obliged to consider whether to amend the regulations or to exempt categories of service from the Act. In doing so, he would have to act compatibly with the Convention. Any failure to do so could also be subject to further challenge. Such a challenge would not be prevented by the outcome of this claim.

Seems pretty logical.

Again I think people outside of the UK perceive Ofcom to be a censor with a ban hammer. It's an industry self-regulation authority -- backed by penalties, yes, but it favours self-regulation. And the implementation is a modifiable statutory instrument specifically so that issues like this can be addressed.

In a perfect world would this all be handled with parental oversight and on-device controls? Yeah, maybe. But on-device parental controls are such a total mess, and devices available so readily, that UK PAYG mobile phone companies have already felt compelled (before the law changed) to block adult content by default.

ETA: I am rate-limited so I will just add that I am in the UK too. Not that this is relevant to the discussion. There is no serious UK consensus for overturning this law; the only party that claims that as a position does not even have the support of the majority of its members. I do not observe this law to be censorship, because as an adult I can see what I want to see, I just have to prove I am an adult. Which is how it used to work with top shelf magazines (so I am told! ;-) )

I suppose it's not really the done thing to say this, but if you disagree with me, say something, don't just downvote.

Re: Wikipedia loses challenge against Online Safety Act

#9
post #5
post #3

If the UK orders a Wikipedia block to its ISPs, it would be a good thing, to raise public awareness of the OSA. Wikipedia should do nothing and wait.

Which is why they will not do it. Nothing popular will be blocked or shut down.

Porn is popular!

Re: Wikipedia loses challenge against Online Safety Act

#10
Wikimedia should block UK access. That will get the attention of media and popularity contest politicians might change their mind.

Remember the "Repeal the Online Safety Act" petition? It has gotten over half a million signatures and the response from the government was a loud "no".

> The Government has no plans to repeal the Online Safety Act, and is working closely with Ofcom to implement the Act as quickly and effectively as possible to enable UK users to benefit from its protections.

https://petition.parliament.uk/petitions/722903

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