Dear all,

I hope you enjoyed Wikimania, whether virtual or in person. I have an
update on WMF's legal challenge in the UK.

On Monday, 11 August, the High Court of Justice dismissed the Wikimedia
Foundation's challenge to the UK's Online Safety Act (OSA)
<https://diff.wikimedia.org/2025/08/11/wikimedia-foundation-challenges-uk-online-safety-act-regulations/>
Categorisation Regulations. While the decision does not provide the
immediate legal protections for Wikipedia that we hoped for, the Court’s
ruling emphasized the responsibility of Ofcom <https://www.ofcom.org.uk/>and
the UK government to ensure Wikipedia is protected as the OSA is
implemented.

The judge recognized the "significant value" of Wikipedia, its safety for
users, as well as the damages that wrongly-assigned OSA categorisations and
duties could have on the human rights of Wikipedia's volunteer
contributors. The Court stressed that this ruling "does not give Ofcom and
the Secretary of State a green light to implement a regime that would
significantly impede Wikipedia's operations",  and indicated they could
face legal repercussions if they fail to protect Wikipedia and the rights
of its users.  In order to achieve that outcome, he suggested that Ofcom
may need to find a particularly flexible interpretation of the rules in
question, or that the rules themselves may need amendment in Parliament.

If the ruling stands, the first categorization decisions from Ofcom are
expected this summer. The Foundation will continue to seek solutions to
protect Wikipedia and the rights of its users as the OSA continues to be
implemented.

Please don't hesitate to reach out with questions.

Best wishes,
Ziski

On Thu, May 8, 2025 at 11:06 AM Franziska Putz <[email protected]> wrote:

> Dear all,
>
> I hope you had a lovely long weekend. I’m Ziski from the Wikimedia
> Foundation’s Global Advocacy team; I’m based in London and have been
> fortunate to meet some of you. I am reaching out with an* important
> update about UK regulatory affairs.  *
>
> On 8 May, 2025, the Wikimedia Foundation announced a legal challenge
> against a new element of the UK Online Safety Act,
> <https://wikimediafoundation.org/news/2023/09/19/wikimedia-foundation-calls-for-protection-and-fair-treatment-of-wikipedia/>which
> could have detrimental effects for Wikipedia. This is an aspect of the same
> law that the Foundation has been warning the government about in
> parliamentary debates and an open letter campaign, which many of you
> supported. We are bringing a legal challenge because the negative impacts
> that this law threatens to have on Wikipedia have not been addressed.
>
>
> The challenge targets the Categorisation Regulations, which are currently
> so broadly written that Wikipedia could be classified as a “Category 1”
> service.  As a Category 1 service, Wikipedia could face duties that would
> threaten our mission, for example, by disempowering users who wish to keep
> their identity private. In
> <https://diff.wikimedia.org/2025/05/08/wikimedia-foundation-brings-legal-challenge-to-new-uk-online-safety-act-requirements/>this
> blog post
> <https://diff.wikimedia.org/2025/05/08/wikimedia-foundation-brings-legal-challenge-to-new-uk-online-safety-act-requirements/>
>  you
> can learn more about our legal challenge.
>
>
> The Foundation will also be hosting a Zoom call on Tuesday, May 13 @
> 18:00 - 19:00 BST to answer any questions you may have. Please register
> for the call *via this link
> <https://wikimedia.zoom.us/meeting/register/yG-qXyR0RAStKsDVMmhtIA>.*
>
> Best wishes,
>
> Ziski
>
> Franziska Putz (she/her)
>
> Senior Movement Advocacy Manager
>
> Global Advocacy, Wikimedia Foundation
>
> [email protected]
>
> UTC Timezone
>
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