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

FSC Talks Age Verification on Capitol Hill

The Free Speech Coalition (FSC) has published a blog post detailing the organization's talks on age verification on Capitol Hill in Washington.

FTC Warns PayPal, Stripe, Visa, Mastercard Against Debanking

Federal Trade Commission Chairman Andrew Ferguson sent letters on Thursday to the CEOs of PayPal, Stripe, Visa and Mastercard, warning them against debanking practices — including denying access to services due to a customer’s lawful business activities.

AEBN Publishes Report on Ejaculate Trends

AEBN has published a report on ejaculate categories from its straight and gay theaters.

Chaturbate to Hold 'CB15' Creator Retreat in Arizona

Chaturbate will hold its CB15 creator retreat in Scottsdale from April 20-23.

EU Cites 4 Adult Sites for AV Breaches

The European Commission has preliminarily found PornHub, Stripchat, XNXX and XVideos to be in breach of Digital Services Act provisions intended to shield minors from adult content.

ProDx Health Joins SextPanther as New Testing Partner

ProDx Health has joined SextPanther as its new testing partner.

Kazumi Guests on Chaturbate's 'Sex Tales' Podcast

Kazumi is the latest guest on Chaturbate’s “Sex Tales” podcast, hosted by Melissa Stratton and Vanniall, and streaming on the company’s “Camming Life” YouTube channel.

WIFEY Publishes 'Hotwife Paradox' Report

Vixen Media Group studio imprint WIFEY has published a report on the hotwife lifestyle.

Pineapple Support Partners with Better Life Science's 'STD Hero'

Pineapple Support has partnered with Better Life Science brand STD Hero.

Brazil Sets Enforcement Timeline for New AV Rules

Brazil’s National Data Protection Authority (ANPD) on Friday published a timeline outlining planned steps for monitoring and enforcing age verification under the country’s Digital Statute for Children and Adolescents (Digital ECA), which took effect Tuesday.

Show More