51 Rejected

The Government should conduct an urgent review of the National Security Act 2023 Foreign Interference...

Recommendation
The Government should conduct an urgent review of the National Security Act 2023 Foreign Interference Offence, a priority offence under the Online Safety Act 2023, to ensure it is fit for purpose given the difficulties in meeting the foreign power condition. (Recommendation, Paragraph 231)
Government Response Summary
The government disagrees with conducting an urgent review of the National Security Act 2023 Foreign Interference Offence, stating the Act is new and has not been robustly tested, with a live case expected to clarify its operation.
Government Response
Rejected
HM Government Rejected
Disagree. The National Security Act 2023 provides law enforcement and the intelligence agencies with the tools they need to deter, detect and disrupt modernday state threats, including foreign interference. The Foreign Interference Offence which the Act introduced has been carefully designed to target malign activity carried out for, on behalf of, or intended to benefit a foreign power that seeks to undermine the interests of the UK, our institutions, political systems, or rights and freedoms. As the Act was introduced in 2023, it is still relatively new. Consequently, the powers it contains, including the Foreign Interference Offence, have not yet been robustly tested. There is a live case currently before the courts which should help clarify how these operate in practice, enabling evidence-based judgements on their efficacy. The Government keeps all legislation under review and will carefully consider how the Online Safety Act and National Security Act interact as they are enforced. This includes working closely with Ofcom on the implementation of platform duties on Foreign Interference Offence content under the Online Safety Act, where we continue to explore how relevant information could be shared to support Ofcom in ensuring its codes are iterative and reflective of the evolving evidence base. It is also important to note that platforms’ responsibilities under the Online Safety Act only require them to have “reasonable grounds to infer” content is Foreign Interference in order to tackle it, which is a lower standard than the criminal threshold required for the offence under the National Security Act.
Addressee Bodies
Foreign, Commonwealth & Development Office
Timeline
Recommendation age 0.3 yrs
Report published 27 Mar 2026