Wikimedia Foundation loses initial legal challenge over UK Online Safety Act
The High Court has rejected Wikimedia’s attempt to narrow the scope of the Online Safety Act’s strictest regulations, but left room for further legal review if Wikipedia is formally classified as a Category 1 service.
On 11 August 2025, the High Court dismissed the Wikimedia Foundation’s legal challenge against the UK Secretary of State for Science, Innovation, and Technology, aimed at tightening the criteria for Category 1 services under the Online Safety Act 2023 (OSA). Wikimedia argued that the current definitions were overly broad and could unfairly place Wikipedia in the same regulatory category as large social media and adult content platforms.
Category 1 services, as defined under the OSA, must meet certain user thresholds and have systems that recommend and share user-generated content. If designated Category 1, services must comply with extensive obligations, including identity verification measures that Wikimedia says would compromise contributor privacy and potentially endanger volunteers in certain jurisdictions.
While the court dismissed all four of Wikimedia’s original arguments, it granted permission for two to be reconsidered through judicial review. These include whether the Secretary of State sufficiently considered the OSA’s potential impact on Wikipedia’s user base and functionalities, and whether the decision to create the regulations was based on flawed reasoning. Importantly, Ofcom—the UK’s online safety regulator—has not yet decided whether Wikipedia qualifies as a Category 1 service, with a decision expected later this summer.
Mr Justice Johnson’s ruling emphasised that while the law was applied lawfully, Ofcom and the Secretary of State must ensure that any implementation does not significantly impede Wikipedia’s operations. He also indicated that if a Category 1 designation made Wikipedia’s continued operation unviable, the government might need to amend the regulations or provide exemptions to remain compliant with the European Convention on Human Rights.
Following the decision, the Wikimedia Foundation acknowledged disappointment at the lack of immediate protections but noted the court’s recognition that Wikipedia’s democratic importance must be safeguarded. It also reiterated concerns that Category 1 compliance could expose contributors to risks such as data breaches, harassment, and prosecution in certain countries.
