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Wikimedia Foundation Challenges UK Online Safety Act Regulations

wikimediafoundation.org

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Re: Wikimedia Foundation Challenges UK Online Safety Act Regulations

#21

Post by ZiiS »

chippiewill wrote: post #4

I'm skeptical this goes anywhere legally speaking. 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. It should be noted that even if they succeed (which seems a long shot), this wouldn't affe…

I can't see any language in the statutory instrument suggesting anyone had any intention of applying it to Wikimedia? The most likely outcome is the court will reassure them of that. This might help other people running similar websites by citing the case rather than having to pay for all the experts but isn't going to magically stop it applying to Meta as intended.

Re: Wikimedia Foundation Challenges UK Online Safety Act Regulations

#22

Post by codedokode »

ChrisKnott wrote: post #11
cubefox wrote: post #6

The headline seems a little misleading. From the article: > The Wikimedia Foundation shares the UK government’s commitment to promoting online environments where everyone can safely participate. The organization is not bringing a general challenge to the OSA as a whole, nor to the existence of the Category 1 duties themselves. Rather, the legal challenge focuses solely on the new Categorisation Regulations that risk…

Is Wikipedia actually Category 1? Seems to require an algorithmic feed to be Category 1 - https://www.legislation.gov.uk/ukdsi/2025/9780348267174

How is "algorithmic feed" related to safety? Or is it, along with seemingly arbitrary numbers like 7 or 34 millions, a way to target a specific platform for those who are afraid to spell the name explicitly?

Re: Wikimedia Foundation Challenges UK Online Safety Act Regulations

#23

Post by blitzar »

IlikeKitties wrote: post #2

All this is of course bullshit. The only response that would have a chance of succeeding would have been if most websites collectively just blocked everyone from the UK. Imagine if 60-70% of the internet just stopped working for UK People. The law would be toppled tomorrow. Every Company that implemented any compliance is a traitor to the free internet and should be treated as such.

The UK is the perfect target - globally relevant enough to make the news, small enough that its a financial rounding error. Take action, carry through with the threat and if your product actually matters - attitudes can change globally.

While the law would not be toppled tomorrow, the companies of the internet need to stop being so desperate for small scraps of money and eyeballs.

The internet might be free if companies instead of trying to skirt laws and regulations just operated where they are welcome. Good for the internet but bad for the VCs so it wont happen.

Re: Wikimedia Foundation Challenges UK Online Safety Act Regulations

#24

Post by IlikeKitties »

Swinx43 wrote: post #18
IlikeKitties wrote: post #2

All this is of course bullshit. The only response that would have a chance of succeeding would have been if most websites collectively just blocked everyone from the UK. Imagine if 60-70% of the internet just stopped working for UK People. The law would be toppled tomorrow. Every Company that implemented any compliance is a traitor to the free internet and should be treated as such.

I live in the UK. Please for the love of all that is sweet and holy DO THIS! The only way our politicians will learn is if the public outcry is so fierce it makes them fear for their jobs. A UK internet blockade might just get this going.

The issue here is that the internet is dominated by large companies that have a huge incentive to use this as a way to ensure regulatory capture of the free internet.

Re: Wikimedia Foundation Challenges UK Online Safety Act Regulations

#25

Post by noodlesUK »

I don't like the OSA and associated regulations as much as the next person -- I think we could have gotten a long way by saying you need to include a X-Age-Rating in http responses and calling it a day. The law itself is incoherently long and it's very difficult to know what duties you have.

However, I don't see what the legal basis of Wikimedia's challenge is. The OSA is primary legislation, so can't be challenged except under the HRA, which I don't really see working. The regulations are secondary regulation and are more open to challenge, but it's not clear what the basis of the challenge is. Are they saying the regulations are outside the scope of the statutory authority (doubtful)? You can't really challenge law or regulation in the UK on the basis of "I don't like it".

Re: Wikimedia Foundation Challenges UK Online Safety Act Regulations

#26

Post by blitzar »

IlikeKitties wrote: post #20
lukan wrote: post #17

Earlier quoted context omitted.

"Every Company that implemented any compliance is a traitor to the free internet and should be treated as such." What would be the punishment for that?

> What would be the punishment for that? On a legal level? None. On a personal level? Don't give them money or your business. Avoid them completely or ensure you use ad blockers on their sites and throw away accounts if necessary. Do not contribute to their content. In short: you take whatever they give you, and you give nothing in return.

Vote with your feet.

https://en.wikipedia.org/wiki/Foot_voting

Re: Wikimedia Foundation Challenges UK Online Safety Act Regulations

#27

Post by bboygravity »

Towaway69 wrote: post #10
perihelions wrote: post #7

This is full of contradictions and both-sides-of-the-mouth speech. You can't coherently argue for an "open internet" "for everyone", and simultaneously plead exceptionalism for your own website, due its special virtues[0]. An "open internet" for websites with sterling reputations is a closed internet. It's an internet where censorship segregates the desirable from undesirable; where websites must plead their case to…

This is a fine sentiment, could you also please provide an alternative approach? The law has passed, Wikipedia has to enforce that law but don’t wish to because of privacy concerns. What should Wikimedia now do? Give up? Ignore the laws of the UK? Shutdown in the UK? What exactly are the options for wikimedia?

Shut down in the UK seems like a reasonable approach.

If UK wants to be more like China: let them.

Re: Wikimedia Foundation Challenges UK Online Safety Act Regulations

#28

Post by pjc50 »

chippiewill wrote: post #4

I'm skeptical this goes anywhere legally speaking. 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. It should be noted that even if they succeed (which seems a long shot), this wouldn't affe…

More detail: https://medium.com/wikimedia-policy/wikipedias-nonprofit-hos...

It seems to be a fairly standard judicial review: if OFCOM(?) class them as "category 1", they are under a very serious burden, so they want the categorization decision reviewed in court.

Re: Wikimedia Foundation Challenges UK Online Safety Act Regulations

#29

Post by braiamp »

> The Wikimedia Foundation shares the UK government’s commitment to promoting online environments where everyone can safely participate. The organization is not bringing a general challenge to the OSA as a whole, nor to the existence of the Category 1 duties themselves. Rather, the legal challenge focuses solely on the new Categorisation Regulations that risk imposing Category 1 duties (the OSA’s most stringent obligations) on Wikipedia.

Guys, this right here is Wikipedia standing. It is that under the current law, Wikipedia would fall under cat 1 rules, even if by the law own admission it should not.

Re: Wikimedia Foundation Challenges UK Online Safety Act Regulations

#30

Post by exe34 »

Towaway69 wrote: post #10
perihelions wrote: post #7

This is full of contradictions and both-sides-of-the-mouth speech. You can't coherently argue for an "open internet" "for everyone", and simultaneously plead exceptionalism for your own website, due its special virtues[0]. An "open internet" for websites with sterling reputations is a closed internet. It's an internet where censorship segregates the desirable from undesirable; where websites must plead their case to…

This is a fine sentiment, could you also please provide an alternative approach? The law has passed, Wikipedia has to enforce that law but don’t wish to because of privacy concerns. What should Wikimedia now do? Give up? Ignore the laws of the UK? Shutdown in the UK? What exactly are the options for wikimedia?

> Shutdown in the UK?

That might actually be one of the few things that would help.

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