The High Court will today and tomorrow hear the legal challenge brought by the Wikimedia Foundation and BLN, an anonymous contributor to Wikipedia, to categorisation regulations made under the Online Safety Act 2023. The Claimants filed a claim for judicial review of reg. 3 of the Online Safety Act 2023 (Category 1, Category 2A and Category 2B Threshold Conditions) Regulations 2025. It is one of the first claims concerning the Online Safety Act 2023.
Reg. 3 sets the conditions to be applied by Ofcom when it identifies the services subject to the so-called “Category 1” duties under the Online Safety Act 2023. The Claimants contend that the Secretary of State’s decision to make reg. 3 was unlawful on multiple grounds and have expressed concern about the impact on Wikipedia and its users if Wikipedia is categorised as a Category 1 service.
The case has been widely reported.
Rupert Paines and Raphael Hogarth act for the Wikimedia Foundation and BLN, instructed by David Barker, Meghan Higgins and Gemma Erskine of Pinsent Masons LLP.
Cecilia Ivimy KC, Ruth Kennedy and Joseph Lavery act for the Secretary of State for Science, Innovation and Technology, instructed by the Government Legal Department.
