Legal Opinion Lambasts UK's 'Online Safety Bill' As Dangerous, Possibly Unlawful

Legal Opinion Lambasts UK's 'Online Safety Bill' As Dangerous, Possibly Unlawful

LONDON — British digital rights advocacy nonprofit Open Rights Group (ORG) has released a formal legal assessment of the prior restraint provisions in the U.K.’s proposed Online Safety Bill, deeming the current version dangerous and potentially unlawful.

The legal advice document was commissioned by ORG, which works to protect privacy and free speech online. It was prepared by legal experts Dan Squires and Emma Foubister of Matrix Chambers, who conclude that there are “real and significant issues regarding the lawfulness of the current version of the Bill, and in particular the prior restraint provisions.”

Their assessment focuses on Clause 9(2)(a) of the proposed bill, which “places a duty on online platforms, such as Facebook and Twitter, to prevent users from ‘encountering’ certain ‘illegal content,’ which includes a wide range of offenses.”

That clause, the legal experts note, “effectively amounts to prior restraint, as it will require the interception and blocking of online communication (meaning that the content is never posted).”

A major cause for concern is that “there is no requirement in the Bill for individuals to be notified that their content has been blocked, let alone provided with reasons for the blocking.”

ORG, the document pointed out, “is concerned that automatic programs are prone to error, especially in interpreting contextual meaning, and are unable to perform the textual and legal analysis needed to distinguish lawful and unlawful content. In particular, they have been shown to entrench and perpetuate bias against minority groups by, for example, disproportionately and incorrectly identifying language and actions of such groups as harmful or dangerous.”

The report agrees that detecting and preventing the distribution of CSAM, terrorist and other material online is a legitimate aim, but warns that the Online Safety Bill “is likely to give rise to a disproportionate interference” with Article 10 of the U.K. Human Rights Act, which protects a subject’s right to hold their own opinions and to express them freely without government interference.

As XBIZ reported, the Tory government of Prime Minister Rishi Sunak is currently under pressure from a campaign by hardline conservatives in his own party to address adult content online through the Online Safety Bill.

After years of delays, the Sunak government has made the controversial bill a priority, seeking to hand a victory to social conservatives, religious crusaders and SWERF activists. Those groups have been conducting a moral panic campaign around “harmful content” — which for many of them includes all porn — through the U.K. media, marketing the bill as a “save the women and children” measure while disregarding or minimizing privacy and technical issues.

Earlier this month, Sunak also ordered a review of all legislation relating to pornography, online and off, “to ensure that it is ‘fit for purpose.’

Main Image: U.K. Prime Minister Rishi Sunak

View Document

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Pornhub Awards Fiesta: A Night of Music, Dancing and Camaraderie

The eighth annual Pornhub Awards transformed Los Candiles Night Club in Glassell Park into a celebration of glamour, glitter, fashion and fame Wednesday night, as performers, creators and industry insiders toasted the year’s winners and danced late into the night while Diplo and Midnight Mary kept the party pulsing from behind the decks.

Ukrainian Parliament Rejects Porn Decriminalization Bill

The Verkhovna Rada, Ukraine’s parliament, on Thursday voted against passage of a bill that would have decriminalized the creation and distribution of pornography in that country — an activity that currently carries a prison sentence of three to five years.

FSC Launches Pride Fundraising Drive

The Free Speech Coalition (FSC) has launched its Pride Fundraising Drive to support its efforts on behalf of the LGBTQ+ community.

Cultpix Debuts AI-Generated Vintage Adult Films at Cannes

At this year’s Cannes Film Festival, B-movie streaming service Cultpix debuted a collection of AI-generated short films drawn from erotic magazine photo spreads published 50 years ago.

Ofcom Fines Youngtek Solutions $800K for AV Noncompliance

U.K. media regulator Ofcom on Wednesday imposed fines totaling 600,000 pounds (more than $800,000) against adult site operator Youngtek Solutions for failing to implement age checks and respond to information requests as required for compliance with the Online Safety Act.

Pornhub Launches Lesbian Site 'Pornhub Sapphic'

Pornhub has launched Pornhub Sapphic, a site dedicated to female and non-binary content and creators.

Brazil Invites Public Input on AV Guidelines

Brazil’s National Data Protection Authority (ANPD) on Friday launched a public consultation on developing guidelines for age verification mechanisms under the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

Paysite Confidential: Inside the Creator Economy's Shift Toward Ownership

For years, the adult industry’s creator economy has been defined by platforms — powerful engines of discovery, monetization and scale that reshaped how performers connect with their audiences.

Senator Urges DOJ to Crack Down on 'Obscenity,' Attacks OnlyFans

U.S. Senator Jim Banks of Indiana this week urged Acting Attorney General Todd Blanche to reestablish the Department of Justice’s defunct Obscenity Prosecution Task Force in a letter that targets OnlyFans while repeatedly conflating “obscenity” with legal adult content.

UN Experts Urge US, Canada to Prosecute Aylo, Others for 'Exploitation'

GENEVA – The United Nations Office of the High Commissioner for Human Rights (OHCHR) has issued a press release in which two U.N. special rapporteurs, cited as experts, accuse Aylo and other companies of complicity in sexual exploitation.

Show More