Social media giants face huge fines for curbing free speech by “overzealous” enforcement of online safety laws.
Ministers have told platforms including Facebook, X, Instagram and TikTok they must not restrict access to posts that express lawfully held views.
The warning, in an apparent change of tone from ministers, comes amid a backlash over websites blocking users from viewing material, including parliamentary debates about grooming gangs.
Campaigners have said that free speech is threatened by the Government’s application of the Online Safety Act, which is meant to protect children from harmful content.
JD Vance, the US vice-president, used a visit to the UK this week to warn ministers against going down the “dark path” of censorship.
Whitehall sources have expressed concern that social media firms, some of which have criticised the law, “have been overzealous” in enforcing it and must be “mindful” of the right to freedom of expression.
The Science Department, which oversees the legislation, told companies they could face fines if they failed to uphold free speech rules.
A spokesman said: “As well as legal duties to keep children safe, the very same law places clear and unequivocal duties on platforms to protect freedom of expression.
“Failure to meet either obligation can lead to severe penalties, including fines of up to 10 per cent of global revenue or £18m, whichever is greater.
“The Act is not designed to censor political debate and does not require platforms to age gate any content other than those which present the most serious risks to children such as pornography or suicide and self-harm content.
“Platforms have had several months to prepare for this law. It is a disservice to their users to hide behind deadlines as an excuse for failing to properly implement it.”
US influence
Mr Vance directly challenged the Government on its attitude towards freedom of expression on Friday when he visited David Lammy at Chevening house.
Ahead of a meeting with the Foreign Secretary, Mr Vance said the West had become “too comfortable with censoring” rather than engaging with other opinions.
His comments are the latest sign that Donald Trump’s administration is increasingly concerned about freedom of speech in the UK.
Lord Young of Acton, the founder of the Free Speech Union, said Labour’s threat to fine social media firms should be seen in the light of US pressure.
He said: “This feels performative to me. An attempt to reassure JD Vance that the British Government takes free speech seriously.
“In reality, the free speech duties under the Act are a joke and the chances of Ofcom fining a social media firm for failing to comply with them are vanishing to zero.”
Lord Young said that the legislation included powers to compel certain platforms not to remove content that was journalistic or of democratic importance.
He urged Peter Kyle, the Science Secretary, to “get on” with triggering them by deciding which service providers should be put into the top risk category.
‘A blunt tool’
Julia Lopez, the shadow science secretary, said Labour must ensure the Act, which was originally drawn up by the Tories, does not “threaten freedom of speech”.
“The Government must do everything to ensure the Act doesn’t become a blunt tool to block people’s freedom,” she warned.
“But given their approach and attitude towards free speech so far, it’s hard to believe they will do the right thing.”
Rebecca Vincent, the interim director of Big Brother Watch, said that the “biggest impact” from the act was on “everyone’s right to free speech”.
“Online censorship is rapidly on the rise and we’re now in a ludicrous situation where all UK internet users only have access to a childproofed version of the web unless we’re willing to undergo intrusive age verification processes,” she said.
“Unfortunately JD Vance is right when he says free speech in Britain is in retreat.”
The warning comes after Labour faced criticism from domestic political opponents over allegations that lawful expression was being curbed across the country.
The Telegraph revealed on Saturday that a Welsh shopkeeper had been told by police to take down a sign that branded shoplifters “scumbags”.
A US congressional committee also uncovered that a secret Whitehall “spy” unit has been flagging posts about asylum seekers to online platforms.
In a separate example, the Home Office unveiled plans to set up an elite team of police officers to “maximise social media intelligence” gathering.
Ofcom, the media watchdog, will have ultimate responsibility for enforcing the Online Safety Act and determining any fines of social media firms.
In a statement it said that platforms must have a “particular regard” to protecting free speech when deciding which material to age restrict.