Tackling Online False Information in the United Kingdom: The Online Safety Act 2023 and its Disconnection from Free Speech Law and Theory

It is commonly recognised that the publication of false information can be harmful to the public sphere. The Online Safety Act 2023 places statutory responsibilities on regulated services to prevent the publication of certain false information. This article interrogates the regime’s compatibility with established free speech law and theory. I argue that there is a disconnect between the legislation and the legal and theoretical principles underpinning free speech, which could have insidious and long-lasting implications for the right and the public sphere.