Wikipedia is taking legal action against the UK's Online Safety Act (OSA), arguing that some of its measures could expose the site to "manipulation and vandalism". The Wikimedia Foundation, the non-profit organization behind Wikipedia, is seeking a judicial review of parts of the OSA, specifically the "Categorisation Regulations". The Foundation argues that these regulations could lead to Wikipedia being classified as a "Category 1" service, subjecting it to the toughest content moderation duties, including user verification measures.
The Online Safety Act, passed in 2023, aims to protect users from harmful online content by imposing restrictions and fines on large internet platforms. The act categorizes online platforms, assigning varying levels of restrictions and enforcement based on factors like user numbers and content sharing capabilities. Platforms recognized as Category 1 face stringent requirements regarding the removal of harmful content, age verification, and prevention of cyberbullying.
Wikipedia contends that the "categorisation regulations" are "broad and vague" and lack a "real connection to actual safety concerns". The Foundation argues that Ofcom, the UK's communications regulator, employs a flawed system to determine a platform's category. According to Wikimedia Foundation's lead counsel Phil Bradley-Schmieg, metrics like the number of UK users and the ability to forward or share content could lead to Wikipedia being classified as a high-risk Category 1 platform, similar to Facebook, X, and YouTube.
The Wikimedia Foundation believes that being classified as Category 1 would "undermine the privacy and safety" of its volunteer editors. Requiring Wikipedia to verify the identity of its volunteer users and contributors could expose them to data breaches, stalking, or even imprisonment by authoritarian regimes. Furthermore, it could allow "potentially malicious" users to block content from unverified users, leading to unchecked vandalism, disinformation, or abuse. The new duties could also be exceptionally burdensome, especially for users without easy access to digital ID.
Wikipedia emphasizes that it is not like social media. The online encyclopedia relies on empowered volunteer users working together to decide what appears on the website. Sophisticated volunteer communities, working in over 300 languages, collectively govern almost every aspect of day-to-day life on Wikipedia. These volunteers review and improve content to ensure it is neutral, fact-based, and well-sourced. Applying categorization rules designed for social media websites could "seriously harm" Wikipedia.
The Wikimedia Foundation is not challenging the OSA as a whole or the existence of categories. Instead, it is specifically challenging the rules that determine how a Category 1 service is designated. The Foundation argues that the regulations risk "overregulating low risk 'outlier' services, like Wikipedia".
The Wikimedia Foundation has been working with UK regulators for years to clarify the rules. However, its proposed solutions to counteract the risks were not accepted by the UK government. The Foundation is now asking for expedited hearings to ensure Wikipedia is protected for the future.
This legal challenge is thought to be the first judicial review brought against the new online safety laws. Experts suggest that the Online Safety Act is vast and complex and that more challenges may arise as more of it comes into force.
The Wikimedia Foundation's global advocacy team works to safeguard the free knowledge movement by advocating for public policies that promote and support access to knowledge. The Foundation believes that access to knowledge is a human right and actively works to protect this right. It defends freedom of expression, opposes censorship, and educates governments, regulators, and lawmakers to defend people's right to access and share knowledge globally.
Wikipedia's legal action against the UK's Online Safety Act underscores the importance of balancing online safety with the preservation of open knowledge access and the protection of volunteer contributors.