Inline Insights

This blog will explain the background to the UK High Court’s recent decision in Wikimedia Foundation v Secretary of State for Science, Innovation and Technology, and will outline lessons learned for firms wishing to influence future policy (regarding the OSA and beyond). It does not constitute legal advice, but instead emphasises the advantage of consistent, politically-conscious messaging when engaging legislators. The blog therefore focuses in particular on the first and second limbs of the claim, which were largely based on Ofcom’s advice to the Secretary of State — advice in itself informed by prior stakeholder engagement. Our conclusion, given Wikimedia’s example, is that companies may be best served by showing, pre-emptively, how burdensome regulation can harm their business and the public good, defined in political terms, rather than by making a more purely technical argument about the letter of the law and then hoping for favourable advice from an already overstretched regulator.