Court Declines Wikimedia's Attempt to Inhibit Implementation of Online Safety Act Thresholds
In a recent ruling, the High Court has dismissed a claim for judicial review brought by the Wikimedia Foundation and a long-standing Wikipedia editor, BLN, against the Secretary of State for Science, Innovation and Technology. The claim was against secondary legislation that could bring Wikipedia within the scope of the UK's most stringent online safety duties.
The Online Safety Act 2023, introduced earlier this year, establishes a framework for regulating 'user-to-user services' and empowers the Secretary of State to set thresholds for categorization. Under this Act, Wikipedia could potentially be categorized as a "Category 1" service, subjecting it to stricter duties including possible user verification.
However, the court did not definitively declare Wikipedia as a Category 1 service. Instead, it affirmed that the UK regulator, Ofcom, will make the initial determination based on user numbers and technical features.
The Secretary of State's Case
The Secretary of State's case was that paragraph 1(5) of the Act required only a general assessment, not a granular, service-by-service analysis. They relied on Ofcom's research and argued that the ECHR grounds were premature, as the categorization of Wikipedia was yet to be decided.
The Claimants' Arguments
The claimants, Wikimedia Foundation and BLN, advanced four grounds in their argument against the Secretary of State. They argued that Category 1 rules—intended for large commercial social networks—are ill-suited for Wikipedia and would force mandatory user identity verification or drastically reduce UK user access, harming its open-editing model and contributor privacy.
They also contended that the criteria were over-broad and failed to consider user engagement time as a relevant factor. Furthermore, they alleged that treating Wikipedia identically to large commercial social media platforms was unfair.
The Court's Decision
The judge rejected these arguments, judging that the regulations are lawful and that Wikipedia could still comply without undue harm. The court emphasized that Category 1 duties only apply once Ofcom publishes its codes of practice, expected not before 2027.
Ofcom's Role
Ofcom has yet to decide whether Wikipedia is a Category 1 service, but has issued an information notice seeking data on user numbers and functionalities. Ofcom will consider factors such as user numbers (Wikipedia has about 26 million UK users monthly) and platform features like algorithmic content promotion, which Wikipedia claims it does not do at scale.
The Future of Wikipedia's Regulatory Status
The ruling leaves Wikipedia's regulatory future unclear. Wikimedia might launch further legal challenges depending on Ofcom’s eventual decision and code requirements. Wikimedia stresses concerns about significant impacts on volunteer privacy, safety, and operational model from enforced identity verification and other Category 1 duties.
In summary, after the High Court ruling, Wikipedia is still potentially subject to Category 1 online safety duties under the UK Online Safety Act. However, the final classification and the implementation of any related obligations await Ofcom’s forthcoming decision and regulatory codes, likely in 2027.
[1] The Guardian
[2] BBC News
[3] Wired UK
[4] TechCrunch
[5] The Verge
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