Why We Must Repeal the Online Safety Act: The 2026 Guide
As of 2026, the movement to repeal the online safety act has transitioned from a fringe libertarian concern to a mainstream political debate.
This legislative push is driven by growing evidence of compliance chilling among small UK-based digital communities and persistent technical concerns regarding the Spy Clause and end-to-end encryption.
The Online Safety Act (OSA) is a comprehensive UK regulatory framework intended to protect users, particularly children, from illegal and harmful content.
However, calls for its repeal stem from its perceived impact on free expression, the high cost of compliance for small platforms, and the potential for state-sanctioned surveillance through mandated scanning of private messages.
Why is there a push to repeal the Online Safety Act in 2026?
The primary motivation to repeal the online safety act centers on the tension between state-mandated safety and individual digital liberty.
Critics argue that the Act’s Duty of Care model forces platforms to become arbiters of truth, leading to the preemptive removal of legal but controversial speech to avoid massive Ofcom fines.
The 2026 Compliance Reality
In practice, we are seeing a two-tier digital landscape emerge. While Big Tech firms have the legal budgets to navigate Ofcom’s complex Codes of Practice, smaller UK hobbyist sites and community forums are facing an existential crisis.
The friction caused by these shifts is not isolated; it follows a broader trend of rapid institutional reform, much like the recent UK bank cash withdrawal changes, that forced many local services to overhaul their operations overnight.
Many have opted to shut down or geoblock UK users rather than risk the liability of the new illegal harms duties that became fully enforceable in early 2025.
How does the Online Safety Act affect your digital privacy?
One of the most contentious elements of the OSA is Section 121, often referred to by digital rights groups as the Spy Clause. This section empowers Ofcom to direct platforms to use accredited technology to scan encrypted messages for child sexual abuse material (CSAM).
The Encryption Deadlock
The technical community remains steadfast: you cannot create a backdoor for the government without breaking the security of the entire system for everyone.
In late 2025, several major messaging providers reiterated their stance that they would rather withdraw from the UK market than compromise the end-to-end encryption (E2EE) that protects millions of private citizens and businesses.
The legislative roadmap toward a potential repeal
- Public Petitions: Massive growth in formal petitions to the UK Government (exceeding 500,000 signatures in early 2026).
- Political Adoption: Major opposition parties, most notably Reform UK, making the repeal a core manifesto pledge.
- Judicial Reviews: High Court challenges led by civil liberties groups focusing on Human Rights Act compatibility.
- Evidence Gathering: Documentation of unintended consequences, such as the closure of UK-based niche forums.
- Legislative Amendment: The introduction of a Private Member’s Bill or a Government-backed Digital Liberty Bill.
- Sunset Clauses: Efforts to trigger review periods already baked into the original 2023 legislation.
Comparing the Online Safety Act vs Freedom of Expression
The debate often pits the Safety by Design philosophy against traditional British Freedom of Expression. This clash between state oversight and digital freedom is best understood by looking at how specific mandates translate into restricted liberties:
| Feature | Online Safety Act Mandate | Freedom of Expression Concern |
| Content Removal | Rapid takedown of Priority Illegal Content. | Over-zealous algorithmic censorship of legal speech. |
| Age Verification | Mandatory highly effective age estimation for many sites. | Privacy risks associated with handing ID data to third parties. |
| Platform Liability | Fines up to 10% of global turnover or £18m. | Small platforms closing due to uninsurable legal risks. |
| Private Messaging | Power to scan for specific illegal material (CSAM). | Undermining the security of end-to-end encryption. |
Is the Online Safety Act causing a Forum Exodus in the UK?
A common pattern we’ve observed in 2026 is the migration of British digital culture. Unlike Facebook or X, small forums dedicated to hobbies, mental health support, or local politics do not have full-time legal teams.
Beyond simple discussion, these platforms are lifelines for vulnerable users seeking peer-to-peer guidance on essential support, such as eligibility for the DWP cost of living payment, making their disappearance a genuine blow to public welfare.
Take the case of a prominent UK gardening community that recently shuttered its operations. The owners realised that under the new Ofcom Illegal Harms codes, they were technically responsible for implementing a robust reporting and redress system, which they simply couldn’t afford to staff.
By choosing to repeal the online safety act, proponents argue we could save these vital pieces of the UK’s social fabric from accidental destruction.
FAQ about Repeal of the Online Safety Act
Will the Online Safety Act be repealed in 2026?
A full repeal is unlikely before the next general election, but significant reforms to the reform are expected. Political pressure is currently mounting for a Small Business Exemption to protect hobbyist sites from Ofcom’s oversight.
How does the Act affect my privacy on WhatsApp?
As of early 2026, WhatsApp remains encrypted. However, the OSA gives the government the power to demand scanning. If Ofcom triggers this power and platforms refuse, it could lead to service disruptions or a total market exit.
Can I use a VPN to bypass the Online Safety Act?
While VPNs can bypass some age-verification blocks, the Act targets the platforms themselves. Even with a VPN, you may find that your favourite community has shut down entirely because the owners fear UK legal liability.
Who is leading the campaign to repeal the Act?
The movement is a coalition of digital rights groups like the Open Rights Group, Big Brother Watch, and political entities like Reform UK, alongside technical experts and small platform owners.
What are Illegal Harms under the Act?
These include terrorism, child sexual abuse, inciting violence, fraud, and priority offences like cyberflashing or deepfake pornography. Critics argue the definitions are broad enough to capture legitimate political dissent.
Does the Act apply to websites outside the UK?
Yes. If a site has a significant number of UK users or targets the UK market, it falls under Ofcom’s jurisdiction. This has led to many overseas sites simply blocking UK IP addresses.
What happens if I host a small blog or forum?
If your site allows user-to-user interaction, you have a legal Duty of Care. You must perform risk assessments and have systems to remove illegal content, regardless of your site’s size.
The road ahead for UK digital liberty
The movement to repeal the online safety act highlights a fundamental disagreement on how to police the digital world.
Few would argue against the necessity of shielding children from online harm, yet the current implementation has triggered a wave of collateral damage that many believe is simply too high a price for the British digital economy to pay.
What you can do next:
- Monitor Ofcom’s 2026 Roadmap: Keep an eye on the Phase 3 implementation for categorised services.
- Support Digital Rights Groups: Organisations like Big Brother Watch provide regular updates on legal challenges.
- Audit Your Platform: If you run a small site, review the Ofcom Small Business Guidance to see if you can implement Safety by Design without high costs.
