Regulating online harms: an examination of recent developments in the UK and the US through a free speech lens

This article examines recent development in the regulatory landscape of online harms in the UK and US through a free speech lens. In so doing, it undertakes a comparative analysis of the UK's Online Safety Act 2023 and laws in US states that is grounded in UN guidance advising that approaches to regulating online harms be grounded in human rights. Ultimately, this examination leads to the conclusion that the Online Safety Act and similar efforts at the state level in the US do not reflect human rights based approaches to regulation in this area. While American courts are reigning in state legislation based on the expansive protection of free speech under the First Amendment, the constitutional restraints in the UK are weaker. This raises concerns regarding the adequate protection of the free speech rights of internet users, particularly in the UK.