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Hundreds of British citizens have faced criminal charges under the 2023 Online Safety Act, including charges for disseminating “fake news,” according to Crown Prosecution Service data obtained through a Freedom of Information request by The Telegraph.
The data reveals that 292 individuals were charged with “speech crimes,” with 23 specifically charged for ‘illegal false communications,’ commonly known as “fake news” violations. The controversial legislation imposes penalties of up to 51 weeks imprisonment for spreading information deemed capable of causing “non-trivial psychological or physical harm.”
Several charges stemmed from online posts following a tragic incident at a children’s Taylor Swift dance party in Southport, where individuals claimed the perpetrator was a Muslim migrant. The attacker, Axel Rudakubana, was later identified as UK-born to Rwandan parents and found with Islamist jihadi materials in his possession.
Hundreds of people in the UK have been charged with ‘speech crimes’ — including spreading illegal “fake news” — since the Online Safety Act came into force in 2023. Troublingly, this new section 179 false communications offence criminalises ‘disinformation’ that could cause… pic.twitter.com/lZZKYAHE4B
— The Free Speech Union (@SpeechUnion) February 15, 2025
The implementation of these speech codes has resulted in at least 67 convictions since 2023, with the initial cases emerging from the aftermath of anti-migration demonstrations following the Southport stabbings. The Labour Party government drew criticism for releasing inmates to accommodate those arrested for online posts rather than violent offenses.
Lord Young of Acton, Conservative peer and Free Speech Union founder, stated: “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.”
The legislation extends beyond fake news regulation, encompassing penalties for various online offenses and granting Ofcom authority to impose substantial fines on digital platforms failing to moderate content according to government standards. These powers, effective next month, include the ability to pursue criminal charges against platform executives and potentially ban services entirely.
The law has emerged as a contentious issue in prospective US-UK trade discussions under the Trump administration, particularly regarding its potential impact on American social media companies, including Elon Musk’s X platform. Despite reports suggesting possible revisions to online speech restrictions, Technology Secretary Peter Kyle maintains the Act is “not up for negotiation.”
The Online Safety Act was created by the Tories and is being ramped up by Labour.
It is a means by which free speech can be curbed under the guise of “safety”.
Both major political parties have a tendency towards authoritarianism.pic.twitter.com/nT62ioG51y
— Andrew Doyle (@andrewdoyle_com) January 11, 2025
A government spokesman 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 false 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.”
These developments align with U.S. Vice President JD Vance’s recent critique at the Munich Security Conference, where he expressed concern over diminishing free speech rights in Britain and Europe. While the conference primarily focused on Ukraine, Vance suggested that internal authoritarianism poses a greater threat to Western nations than external adversaries like China or Russia.
