Online Safety Act Under Fire as Libertarian Groups Warn of Free Speech Chill
A coalition of classical-liberal think tanks has launched a broadside against the UK's Online Safety Act, warning that its enforcement is producing a chilling effect on free speech online as platforms over-moderate content to avoid heavy fines.
The joint analysis, published in April 2026 by the Adam Smith Institute and the US-based Cato Institute, argues that the legislation — which came into full effect in 2025 — represents the most significant expansion of speech regulation in the UK in a generation.
Background
The Online Safety Act was passed by Parliament to protect users from harmful content online, placing new duties on social media platforms and search engines to identify and remove illegal content and content harmful to children. Ofcom was appointed as the primary enforcement body, with the power to levy fines of up to £18 million or 10% of global annual turnover for non-compliance.
Key Developments
The Adam Smith Institute and Cato Institute analysis argues that to avoid the risk of substantial penalties for failing to remove vaguely defined "harmful" content, online platforms are heavily incentivised to implement overly cautious content moderation policies. This, they contend, leads to the removal of legal speech that the Act does not explicitly require to be taken down.
The report points to Ofcom's recent decision regarding the platform 4chan as an example of the Act's reach, with the regulator publishing a formal decision under the new online safety rules. The ICO also announced a separate investigation into the AI platform Grok, stating it plans to consult with Ofcom to coordinate the process — a sign of growing cross-regulator collaboration in digital governance.
Ofcom responded to the critique by clarifying that the Act's framework is designed to target specific, defined categories of harm and not to police general political speech. A spokesperson said any instances of over-moderation are the result of platform-level compliance choices and risk appetites, rather than a direct requirement of the regulation itself.
Why It Matters
The debate goes to the heart of how the UK balances protecting users from online harm with preserving freedom of expression. With the Act now in full force, the decisions made by Ofcom in its early enforcement actions will set important precedents for how the legislation is interpreted and applied.
What's Next
Ofcom is expected to publish further enforcement decisions in the coming months. Parliament's Joint Committee on Human Rights has indicated it will scrutinise the Act's impact on free expression. More at Apple Daily UK.
