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In the UK, the Wikimedia Foundation (WMF) has lost a legal challenge to new Online Safety Act rules which the Foundation said could threaten the human rights and safety of its volunteer editors. The WMF had asked for a judicial review of regulations which could mean Wikipedia has to verify the identities of its users.
However, despite the loss, the WMF expressed satisfaction that the judgement "emphasized the responsibility of Ofcom and the UK government to ensure Wikipedia is protected". Phil Bradley-Schmieg, Lead Counsel at the Wikimedia Foundation, was quoted by the BBC as saying the judgment did not give Ofcom and the Secretary of State "a green light to implement a regime that would significantly impede Wikipedia's operations".
On its website, the Wikimedia Foundation said:– AKThe judge recognized the “significant value” of Wikipedia, its safety for users, as well as the damages that wrongly-assigned OSA categorisations and duties could have on the human rights of Wikipedia’s volunteer contributors. The Court stressed that this ruling “does not give Ofcom and the Secretary of State a green light to implement a regime that would significantly impede Wikipedia’s operations”, and indicated they could face legal repercussions if they fail to protect Wikipedia and the rights of its users. In order to achieve that outcome, he suggested that Ofcom may need to find a particularly flexible interpretation of the rules in question, or that the rules themselves may need amendment in Parliament.
If the ruling stands, the first categorization decisions from Ofcom are expected this summer. The Foundation will continue to seek solutions to protect Wikipedia and the rights of its users as the OSA continues to be implemented.
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