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US Officials Question UK Online Safety Laws’ Impact on Free Speech
United States State Department officials have expressed concerns to Britain’s communications regulator, Ofcom, regarding the potential repercussions of new online safety legislation on freedom of expression, according to sources familiar with the matter. The discussions center on how the recently enacted laws might affect free speech in the United Kingdom.
State Department Raises Free Speech Concerns with Ofcom
A delegation from the State Department’s Bureau of Democracy, Human Rights, and Labor (DRL) recently convened with Ofcom representatives in London. During this meeting, it is understood that the US officials brought up the new online safety act and voiced anxieties about its possible constraints on free speech.
Following the meeting, the State Department conveyed that this engagement was part of a broader initiative “to reaffirm the US commitment to defending freedom of expression, both in Europe and around the world.” Ofcom officials reportedly clarified that the regulations are designed to address explicitly unlawful online content and material potentially detrimental to children.
Meeting Follows US Concerns Over UK Free Speech
When questioned about the meeting, which reportedly occurred in March, a State Department spokesperson stated: “As Vice-President Vance has articulated, we harbor apprehensions regarding freedom of expression in the United Kingdom. It is paramount that the UK respects and safeguards freedom of expression.”
Details of this diplomatic exchange surfaced after Business Secretary Jonathan Reynolds dismissed suggestions that free speech worries had played a role in tariff negotiations with the US. Speculation arose that trade discussions might be complicated by the case of anti-abortion activist Livia Tossici-Bolt, prosecuted for allegedly breaching a safe access zone near a Bournemouth abortion clinic. A verdict in this case is anticipated on Friday.
Background of Free Speech Pressure
This dialogue unfolds after months of mounting pressure from figures associated with President Trump regarding free speech issues. Some critics have accused the UK government of inadequate protection of free expression, particularly in the aftermath of last summer’s disturbances.
Vice-President JD Vance voiced his unease in February about “infringements on free speech” within the UK. Elon Musk, a prominent Trump ally, has repeatedly asserted that certain prison sentences given to individuals who incited riots on social media platform X constituted a violation of free speech. X hosts accounts belonging to controversial figures like Tommy Robinson and Andrew Tate, who have been accused of inciting participation in Islamophobic demonstrations.
Online Safety Act and International Engagement
The online safety act was enacted following last summer’s riots with the aim of regulating illicit online content. During their UK visit, the US State Department delegation engaged in discussions with Ofcom, the Foreign Office, and the Alliance Defending Freedom (ADF), a US-based organization that supports conservative causes.
Samuel D Samson, formerly affiliated with US conservative groups, was among the delegation members. He assumed the role of senior advisor at the DRL in January, subsequent to Trump’s electoral victory. On US election day last year, Samson posted on social media: “Today we choose God over Pagan idols.”
Samson has a documented interest in freedom of speech matters, having written about the subject in the American Conservative magazine. The DRL’s focus on Britain signals a shift for an agency established in the 1970s to promote democracy globally amidst the Cold War. Historically, the DRL’s advocacy has centered on regions like the Middle East, Russia, and China, rather than the domestic policies of Britain.
Ofcom’s Perspective on International Engagement
An Ofcom spokesperson clarified: “This meeting was part of Ofcom’s routine engagement with diverse international stakeholders seeking factual briefings on the practical implementation of the online safety act to safeguard UK citizens.”
Scope of the Online Safety Act
The online safety act encompasses all platforms and applications hosting user-generated content, as well as major search engines. It identifies 130 “priority offences,” including child sexual abuse, terrorism, and fraud.
Legal Expert’s View on Free Speech and Regulation
Mark Jones, a partner at Payne Hicks Beach law firm, argued that Ofcom is not “suppressing free speech.” He explained that Ofcom largely delegates content monitoring to platforms, extending beyond strictly illegal material. “A relevant example is concerning misogynistic and hypermasculine content,” Jones noted. “Ofcom communicated with social media platforms, urging them to exceed their legal obligations under the Online Safety Act, even if the content itself is not against the law.”
Jones added: “Free speech proponents contend that this approach will foster a culture of preemptive censorship, where platforms err on the side of caution to avoid Ofcom’s regulatory actions. Conversely, figures such as Musk and [Meta CEO Mark] Zuckerberg have publicly criticized the UK’s online safety laws as ‘institutionalizing censorship.’ While measures against illegal content and for child safety are mandatory, duties related to misogynistic content, for instance, are currently voluntary.”