Nearly 300 people have been charged with online “speech crimes” in the UK since the advent of the Online Safety Act, prompting alarm over the growing restrictions on free speech.
The legislation, which criminalises the spread of “fake news” and the sending of “threatening communications,” has led to a total of 67 convictions so far.
In total, 292 people have been charged with communications offences since the law came into effect in October 2023, according to a Freedom of Information request submitted by The Telegraph.
The law’s most controversial provision targets the dissemination of disinformation, making it a criminal offence to spread “false communications” which could cause harm.
Critics argue that this amounts to state-sanctioned censorship, with fears that it could be used to suppress legitimate political discourse – although the Government has mounted a staunch defence of its approach.
Lord Toby Young, founder of the Free Speech Union, said: “The number of people who’ve been charged with this offence is deeply concerning.
“The problem with trying to criminalise ‘disinformation’ is that it empowers the state to decide what is and isn’t true.”
Several high-profile figures, including US Vice President JD Vance, have weighed in on the debate, with Mr Vance criticising the UK’s approach to online regulation.
At the Munich Security Conference last week, he claimed: “In Britain and across Europe free speech, I fear, is in retreat.
“Most concerningly, I look to our very dear friends the United Kingdom, where the backslide away from conscience rights has placed the basic liberties of religious Britons, in particular, in the crosshairs.”
Mr Vance’s comments reflect growing concern that laws like the Online Safety Act not only stifle freed speech but also infringe on religious freedoms.
The law has already been used in several high-profile cases, including the prosecution of individuals for spreading false information during the Southport riots last summer.
One such case involved Dimitrie Stoica, jailed for falsely claiming he was “running for his life” during the riots, a statement he made on TikTok. The offence carries a maximum penalty of 51 weeks in prison or a fine, and Stoica was sentenced to three months and fined £154.
Tech billionaire and Trump ally Elon Musk has compared the UK’s online safety regulations to Soviet-era censorship. Mr Musk has frequently criticised the UK’s digital rules, including posting a satirical image in which a character from Family Guy is shown in an electric chair for making a Facebook comment the UK government disapproves of.
Meanwhile legal experts have questioned the law’s effectiveness and clarity. David Hardstaff, a serious crime expert at BCL Solicitors, warned that proving the harm caused by “fake news” is a complex task, especially when it comes to showing that information was knowingly false.
Despite these criticisms, the UK government remains resolute in its defence of the Online Safety Act. Technology Secretary Peter Kyle has insisted that online safety is “not up for negotiation” and that tech companies must take action to remove harmful content.
A government spokesperson said: “We will not let the internet serve as a haven for those seeking to sow division and harm in our communities. That is why we are taking decisive action through the Online Safety Act, ensuring that social media platforms remove illegal content and prevent the spread of illegal disinformation.
“The false communications offence, introduced in January 2024, reinforces this approach by targeting those who knowingly spread harmful information with intent to cause significant harm, without reasonable excuse. We will not stand by while online activity fuels real-world harm, and we remain committed to protecting the public from such threats.”