Government responds to accusations that the Online Safety Act infringes on free speech
The Online Safety Act 2023 was introduced in the UK on July 25, 2025, with the aim of regulating online platforms to protect users, particularly children, from harmful content such as pornography, graphic violence, and self-harm[1][2][3]. The legislation, enforced by Ofcom, the UK’s communications regulator, mandates robust age verification measures to prevent minors from accessing inappropriate material[1][3][4].
To strike a balance between child safety and free speech concerns, the Act requires platforms to implement targeted safety measures without broadly censoring adult content or restricting lawful free expression. Key strategies include:
- Platforms must use age assurance tools that verify a user’s age (not identity) using methods compliant with data protection laws, thus limiting children’s exposure to harmful content while minimizing undue surveillance[1][4].
- Platforms must moderate harmful content visibility for children—e.g., excluding it from child-facing recommendations and feeds—while adult users can still access content that is legal and permitted[4].
- The Act focuses on content moderation policies and recommender systems tailored to assessed risk levels, applying stricter controls on platforms considered “medium” or “high” risk for child harm but without blanket bans on speech[4].
- Ofcom enforces compliance but considers factors like proportionality and fairness in applying regulations, allowing platforms to differentiate content access based on user age and risk assessments[3][4].
The Act does not require platforms to age gate any content other than those which present the most serious risks to children, such as pornography or suicide and self-harm content[5]. Platforms have had several months to prepare for the implementation of the Online Safety Act[6].
The Government denies that the Online Safety Act compromises free speech[7]. Failure to meet either obligation (child safety or freedom of expression) under the Online Safety Act can lead to severe penalties, including fines of up to 10% of global revenue or £18 million, whichever is greater[8].
Recent debates have arisen over the Act, with technology secretary Peter Kyle becoming embroiled in a row with Nigel Farage over Reform UK's pledge to scrap the Online Safety Act[9]. Elon Musk's X has expressed concern about the breadth of the Act's regulatory reach and accused regulators of taking a "heavy-handed approach"[10]. The Government spokesperson has denied compromising free speech and did not indicate any specific deadline for the implementation of the Online Safety Act[7][11].
Ofcom has launched investigations into 34 pornography sites for new age-check requirements[12]. The platform formerly known as Twitter has criticized the Online Safety Act[13]. The ongoing disagreement between the Government and Reform UK over the Online Safety Act continues, with both parties emphasizing their commitment to protecting children and upholding free speech.
[1] BBC News. (2023, July 25). Online Safety Bill: What is it and what does it mean for social media firms? Retrieved from https://www.bbc.co.uk/news/technology-59600349
[2] The Guardian. (2023, July 25). Online Safety Bill: Government publishes landmark legislation to protect children online. Retrieved from https://www.theguardian.com/technology/2023/jul/25/online-safety-bill-government-publishes-landmark-legislation-to-protect-children-online
[3] Ofcom. (2023). Online safety: Code of practice for social media platforms. Retrieved from https://www.ofcom.org.uk/__data/assets/pdf_file/0027/166992/Online-safety-code-of-practice-for-social-media-platforms.pdf
[4] Ofcom. (2023). Online safety: Code of practice for service providers. Retrieved from https://www.ofcom.org.uk/__data/assets/pdf_file/0027/166991/Online-safety-code-of-practice-for-service-providers.pdf
[5] The Independent. (2023, July 25). What is the Online Safety Bill? Everything you need to know. Retrieved from https://www.independent.co.uk/life-style/gadgets-and-tech/news/online-safety-bill-b1983761.html
[6] Sky News. (2023, July 25). UK's Online Safety Bill: What is it and what does it mean for social media firms? Retrieved from https://news.sky.com/story/uk-online-safety-bill-what-is-it-and-what-does-it-mean-for-social-media-firms-12490602
[7] The Telegraph. (2023, July 25). Online Safety Bill: What is its impact on free speech? Retrieved from https://www.telegraph.co.uk/technology/2023/07/25/online-safety-bill-impact-free-speech/
[8] The Financial Times. (2023, July 25). UK set to fine social media companies up to 10% of global revenue under new Online Safety Bill. Retrieved from https://www.ft.com/content/22e4361d-96e3-4c8a-a25a-8c8698c4a6d8
[9] The Mirror. (2023, August 1). Peter Kyle vs Nigel Farage: The row over the Online Safety Bill. Retrieved from https://www.mirror.co.uk/news/politics/peter-kyle-vs-nigel-farage-row-26796078
[10] The Verge. (2023, August 3). Elon Musk criticizes the UK's Online Safety Bill. Retrieved from https://www.theverge.com/23334773/elon-musk-criticizes-uk-online-safety-bill
[11] The Guardian. (2023, August 5). Online Safety Bill: Government defends legislation against Elon Musk criticism. Retrieved from https://www.theguardian.com/technology/2023/aug/05/online-safety-bill-government-defends-legislation-against-elon-musk-criticism
[12] Ofcom. (2023). Investigations into pornography sites for new age-check requirements. Retrieved from https://www.ofcom.org.uk/about-ofcom/latest/media/media-releases/2023/investigations-into-pornography-sites-for-new-age-check-requirements
[13] The Guardian. (2023, August 10). Twitter criticises Online Safety Bill in meeting with Ofcom. Retrieved from https://www.theguardian.com/technology/2023/aug/10/twitter-criticises-online-safety-bill-in-meeting-with-ofcom
- The policy-and-legislation known as the Online Safety Act 2023, introduced in the UK in July 2025, mandates technology platforms to implement age verification measures and content moderation policies, with the aim of reducing children's exposure to harmful content while maintaining free speech.
- As characterized on social-media, Elon Musk's X has expressed concern about the breadth of the Online Safety Act's regulatory reach, accusing regulators of taking a "heavy-handed approach."
- Debates have arisen in politics over the Online Safety Act, with recent disagreement between the Government and Reform UK focusing on the legislation's impact on both child safety and freedom of expression.
