The Wikimedia Foundation, the non-profit organization behind Wikipedia, has launched a legal challenge against the UK's Online Safety Act, citing concerns that the regulations could enable "vandalism, disinformation, or abuse" to go unchecked on its platform. The foundation argues that the Act's categorization regulations are too broad and could hold Wikipedia to the same strict duties as social media platforms, despite its fundamentally different nature.
The Online Safety Act, passed in 2023, aims to protect both children and adults from harmful online content. While primarily designed to hold social media platforms, video sharing platforms, and online communications platforms accountable for user safety, the bill's broad language could also apply to services like Wikipedia. The Act categorizes platforms into three tiers, with "category 1 services" – those with over seven million monthly UK users, using content recommendation algorithms, and allowing user-generated content sharing – facing the most stringent regulations.
According to Wikimedia, even features like Wikipedia's "Picture of the day" could trigger category 1 designation, which would require the platform to provide tools for user identity verification and blocking. This, the foundation argues, could prevent unverified volunteers from fixing or removing harmful content, and expose them to data breaches, stalking, or even imprisonment by authoritarian regimes.
Wikimedia senior advocacy manager Franziska Putz noted that the regulations were designed to tackle the UK's riskiest websites, but Wikipedia's users are not exposed to the same level of risk as those on social media. "Someone reading an online encyclopedia article about a historical figure or cultural landmark is not exposed to the same level of risk as someone scrolling on social media," Putz said.
The Wikimedia Foundation's lead counsel, Phil Bradley-Schmieg, emphasized the potential consequences of enforcing category 1 duties, including undermining the privacy and safety of Wikipedia volunteers. Companies that breach OSA rules can be fined up to £18 million (around $24 million) or ten percent of their global turnover, and risk having their services blocked in the UK in extreme cases.
Wikimedia has requested to expedite its legal challenge, as UK communications regulator Ofcom is already demanding the information required to make a preliminary category 1 assessment for Wikipedia. Bradley-Schmieg expressed regret that the foundation was forced to seek judicial review of the OSA's Categorisation Regulations, stating that it is "particularly unfortunate that we must now defend the privacy and safety of Wikipedia's volunteer editors from flawed legislation."
The outcome of this legal challenge will have significant implications for online safety regulations and the future of online platforms. As the UK's Online Safety Act sets a precedent for other countries, the Wikimedia Foundation's challenge could have far-reaching consequences for the way governments approach online safety and platform regulation.