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 © 2025 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

British Documentary Spotlights XBIZ Amsterdam With Candid Conversations

British creator and host Josh Pieters traveled to XBIZ Amsterdam to film a documentary about the annual European adult industry conference.

XBIZ 2026 to Debut 'New Talent Go-See' Special Event

XBIZ 2026, North America’s premier adult industry conference, will debut a special event designed to help new talent jump-start their careers: the New Talent Go-See.

Penthouse Announces Digital Archive Launch

Penthouse Magazine has announced that it will launch a comprehensive digital archive in 2026.

Dreamcam Joins Pineapple Support as Supporter-Level Sponsor

Dreamcam has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

AEBN Publishes Popular Searches by Country for August, September

AEBN has released the list of popular searches from its straight and gay theaters by country in August and September.

AV in Focus: A Guide to Unlocking Compliance With Clarity

The age verification era isn’t coming — it’s here. Laws are already on the books in numerous U.S. states, as well as in the U.K., France and beyond.

Canadian Privacy Commissioner Endorses National AV Bill

Philippe Dufresne, privacy commissioner of Canada, has voiced support for a bill that would impose fines of up to $500,000 on adult sites that do not implement age verification for Canadian viewers.

Ricky Johnson Launches 'Ricky's Resort' Through YourPaysitePartner

Ricky's Room studio honcho Ricky Johnson has launched his latest site, RickysResort.com, through YourPaysitePartner (YPP).

Industry Attorney Paul Cambria Retires After 50 Years of Practicing Law

After more than a half-century in practice, during which he provided the defense in some of the adult industry's most notable legal cases, attorney Paul Cambria has retired.

2026 XMA Nominations Party Set for Nov. 19 in Hollywood

The 2026 XMA nominations reveal party will take place at Keys on the Sunset Strip on Wednesday, Nov. 19, with red-carpet arrivals starting at 8 p.m.

Show More