The ruling has fuelled criticism that the law is less a targeted effort to protect children and more a mass censorship project
Censorship, and surveillance. While a recent survey from Sumsub found that 64 per cent of UK consumers support age verification to protect children, nearly half of those polled (48 per cent) voiced concern that the law could lead to censorship. A third of people also reported being able to access adult content without undergoing age verification, highlighting doubts over the law’s effectiveness.
As the new business and trade minister, Peter Kyle walks directly into the fraught task of handling negotiations with the US, which has loudly accused the UK of attempting to establish a “global censorship regime” with its online safety and age verification laws. This diplomatic pushback has also moved into the courts.
A legal complaint filed by a New York lawyer calls on the UK’s regulator, Ofcom, to appear in US courts to answer accusations that it has taken on a political role. The complaint, which aims to bar the regulator from enforcing the OSA on American companies, alleges that Ofcom targeted plaintiffs for “overtly political reasons aimed at undermining the First Amendment in the United States.” This follows a similar lawsuit from the owners of the online forum 4chan.
These legal battles set up a precedent-setting showdown over jurisdiction. As Yoti CEO Robin Tombs noted, it is a rare situation where a US business could be legally required to comply with a UK law simply because it serves UK-based customers.
The new government faces a file that is growing in scope and complexity. A recent UK high court ruling went against Wikipedia, classifying it as a Category 1 service and subjecting it to the most stringent measures of the OSA. Wikipedia had argued that these obligations would undermine the privacy of its volunteer contributors and divert resources from its core mission.
The ruling has fuelled criticism that the law is less a targeted effort to protect children and more a mass censorship project, as the US government has accused. It places the onus on the regulator to apply the categorization process “proportionately and fairly.”
As Liz Kendall steps into her new role, her handling of the Ofcom register of regulated services, expected in the coming weeks, will be a crucial early test of her leadership. Her voting record shows a history of supporting key clauses in the Online Safety Bill, and her first public comments have shown an aggressive tone toward “vile content.” Her actions will determine whether the new government can successfully navigate the domestic and international challenges now front and center at DSIT.
