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Ofcom Tells Wikimedia Foundation Wikipedia Is Not a Category 1 Service — For Now

Martin HollowayPublished 3w ago6 min readBased on 4 sources
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Ofcom Tells Wikimedia Foundation Wikipedia Is Not a Category 1 Service — For Now

Ofcom has notified the Wikimedia Foundation that Wikipedia is not currently deemed a Category 1 service under the UK Online Safety Act 2023, but the site must remain on a watch list of platforms that could be reclassified at any point in the future Wikipedia Signpost. The regulator communicated the decision to the Foundation on 10 July 2026.

Ofcom's reasoning rests on what the Signpost's special report describes as a "novel reading of the law" — an interpretation of the Categorisation Regulations that the regulator itself was effectively invited to construct after losing the argument on the underlying statute in court. The Wikimedia Foundation set out its own account of the decision in an official post the same day, titled "Wikimedia Foundation Challenges UK Online Safety Act Regulations" Wikimedia Foundation.

The path to this outcome began well before the Act took effect. The Online Safety Act 2023 became law in late 2023, and in early 2025 the UK published detailed rules for sorting online services into categories based on UK user numbers, the presence of a "content recommender system," and, for smaller platforms, "forwarding or sharing functionality" Wikipedia Signpost. Category 1 status carries the heaviest compliance burden under the regime: designated services must build an identity registration system and restrict the rights of users worldwide who decline to voluntarily verify their real identity.

That threshold worried the Wikimedia Foundation from the outset, given how directly it collides with Wikipedia's editing model, which depends on pseudonymous and anonymous contribution at scale. The Foundation, working with Wikimedia UK and other partners, ran a public campaign starting in 2023 that included meetings with government officials, Parliamentary debate, media engagement, and an open letter aimed at educating policymakers on how the OSA's categorisation thresholds would land on a volunteer-edited encyclopedia Wikipedia Signpost. The Foundation also filed formal written responses to two separate Ofcom consultations — one on protecting children from harms online, another on protecting people from illegal content online — laying out its objections through the regulator's own process Ofcom consultation response — children Ofcom consultation response — illegal content.

When advocacy failed to shift the regulations, the Foundation went to court. In May 2025 it brought a legal challenge against the Categorisation Regulations themselves Wikipedia Signpost. Notably, the case became what the Signpost describes as "a world-first collaboration between a platform operator and its users": Wikipedia editor Zzuuzz joined the Foundation as a co-litigant, giving the volunteer editing community formal standing alongside the corporate entity that runs the servers.

The UK High Court rejected that challenge in August 2025. Rather than striking down the regulations, the court instead gave Ofcom room to interpret the Categorisation Regulations and Category 1 duties in a way that could spare Wikipedia the identity-verification regime without Parliament having to amend the statute Wikipedia Signpost. Ofcom's 10 July 2026 notification is the product of that latitude: a bespoke reading of the Act that keeps Wikipedia off the Category 1 list today, but explicitly leaves it exposed to reclassification later.

The structure of this outcome is worth sitting with. Wikipedia has not won an exemption; it has won a reprieve contingent on Ofcom's continued willingness to read the regulations creatively rather than literally. Regulatory discretion of that kind can be withdrawn, narrowed, or successfully challenged by a future litigant with different interests — a change in Ofcom leadership, a shift in political pressure around online safety, or a rival's judicial review could all, in principle, reopen the question. For an organization that has spent three years lobbying, litigating, and submitting consultation responses to avoid an identity-verification mandate, "watch list" status is a materially better place to be than Category 1, but it is not the legal certainty the Foundation originally sought in court.

The underlying tension is structural rather than personal to Wikipedia. The Online Safety Act's categorisation thresholds were built around metrics — user counts, recommender algorithms, sharing features — designed with social networks and video platforms in mind. Wikipedia's model, an open wiki maintained by pseudonymous volunteer editors with no algorithmic feed, sits awkwardly inside those criteria, and Ofcom's willingness to bend its own reading of the rules to accommodate that mismatch says as much about the drafting of the regulation as it does about Wikipedia's specific case. Other reference and community-edited platforms operating under UK jurisdiction will likely study this decision closely for precedent, even though Ofcom's determination is, on its face, specific to Wikipedia's current circumstances rather than a general carve-out for the category of service.

What happens next depends largely on factors outside the Foundation's control. Ofcom has not published a fixed timetable for revisiting Wikipedia's status, and the watch-list designation gives the regulator standing latitude to reopen the question if UK usage patterns, the site's feature set, or the political climate around the OSA shift. For now, the practical effect is that Wikipedia's UK-facing operations continue without a mandatory identity-verification system, and its editing community — including litigant Zzuuzz — retains the pseudonymity that underpins how the encyclopedia has been built for two decades.