Off air

Tech · AI power crunch

Britain's AI Autumn: Copyright Retreat Meets a Power Crunch

Ministers dropped opt-out AI scraping after thousands objected, but grid speculation, high power costs and stalled Growth Zones leave Britain's AI plans without consent rules or current.

Transcript · loading player

11,500 responses. Or just over 10,000. The two tallies disagree, but the scale does not: when Whitehall asked what to do about AI and copyright, thousands answered, and almost all of them said the same thing — protect creators first 610. That flood of replies killed the government's preferred plan for the autumn and left Britain with the worst of both worlds: no new rule for consent, and no peace over who pays.

The plan was simple and radical. AI firms would have been allowed to scrape copyrighted material to train large language models unless creators actively opted out, making scraping the default 25. Computer Weekly reported the government "will not implement its plan to allow artificial intelligence (AI) firms to use copyrighted material without explicit permission for now," but added it "may still implement copyright exemptions later" 2. Lexology called the retreat a "victory for the creative industry," preserving the status quo "for now" 5.

The consultation behind that U-turn ran in 2024-25 and drew an unusually large response for a technical copyright reform 6. Winbuzzer, reporting the abandonment on 6 March 2026, said "95% of over 10,000 respondents demanded stronger protections," with Paul McCartney, Elton John and hundreds of other creatives opposing the opt-out model 10. GovPing, summarising the March 2026 government report, puts the total at over 11,500 responses 6. The sources disagree on the exact headcount, and there is no verbatim ministerial quote in the excerpts provided — only paraphrases of the decision — so the precise language of the climbdown remains unclear.

What shelving the rule leaves behind

For creators, shelving means relief without resolution. The default has not shifted to opt-out, but no workable alternative for licensing at scale has replaced it. Who consents, how consent is signalled across millions of works, and who pays for training data remain unresolved heading into autumn 25. For AI firms, it means continued legal uncertainty over training in Britain, even as they face more immediate constraints elsewhere.

Those constraints are physical. Industry's central complaint about AI Growth Zones is not planning paperwork but power: electricity prices and grid hookups 118. OpenAI's pause of its multi-billion-pound Stargate UK data-centre project in north-east England on 9 April 2026, "citing concerns about high energy costs and regulation," made the point in the starkest possible way 11. A flagship investor had looked at British power costs and walked away, at least for now.

Phantom projects choke the grid

Britain's grid queue is, in the phrase used by Citizen News on 27 August 2026, "jammed with projects that may never get built," worsening years-long waits for viable projects in what it calls the "phantom data centre problem" 4. Speculative applications reserve capacity, stall decisions, and leave serious builders — for homes as well as data centres — waiting behind paper projects.

The joint move on 11 March 2026 by the Department for Energy Security and Net Zero, the Department for Science, Innovation and Technology, the National Energy System Operator and Ofgem was titled "Government to tackle speculative demand grid connection requests," promising to "strengthen conditions for joining and remaining in the queue for demand connections, and prioritise projects that deliver growth and jobs" 3. Ministers named on the release were Kanishka Narayan MP and Michael Shanks MP, and it was published under the 2024-2026 Starmer government 3.

What that means in cash terms is less clear than it sounds. The reform is widely described as a deposit-type filter — pay to join the queue, refundable if the project proceeds — intended to weed out speculators among data centres and other large power users. The excerpts reviewed here confirm only the queue-reform intent, not the refundable-deposit mechanism itself 34. That is an important gap: whether access is priced, how much it costs, and when money is returned will determine whether the filter deters speculation or simply raises costs for everyone.

Early evidence suggests priority is already flowing to AI. The Nerve reported on 27 March 2026 that AI data centres were given priority grid access, "pushing housing down the list" 9. NESO began issuing the first Gate 2 transmission connection offers under the reformed queue in mid-May 2026, with AI Growth Zones getting priority access, electricity discounts and rights to build their own high-voltage infrastructure 8. Power planning is becoming industrial policy by another name.

will not implement its plan to allow artificial intelligence (AI) firms to use copyrighted material without explicit permission for now,

On the ground, the zones themselves look thin. Freedom of information data summarised on 19 August 2026 shows fragmented progress across the five current zones 7. In Culham, England's first announced zone, only one commercial or infrastructure permission was granted last year, compared with 8 in 2023 7. That is not proof of failure — planning cycles are lumpy, and grid offers only began in May — but it does not suggest a pipeline surging to meet demand.

Known

  • The opt-out copyright exemption was shelved in March 2026, preserving the status quo for now. 2
  • Government, Ofgem and NESO moved in March 2026 to tighten grid-queue conditions and prioritise growth and jobs projects. 3
  • OpenAI paused its Stargate UK data centre on 9 April 2026 over high energy costs and regulation. 11
  • FOI data shows only one commercial permission in Culham last year versus 8 in 2023. 7

Unknown

  • No announcement, definition or enforcement detail for an under-16 social media ban is confirmed in the reporting reviewed.
  • No deployment, usage or break-clause detail for Palantir software across NHS trusts is confirmed in the reporting reviewed.
  • No move by France away from Palantir toward homegrown capacity is confirmed in the reporting reviewed.

Next

  • Whether ministers produce a workable consent and payment model to replace opt-out.
  • Whether queue reform prices out speculation without penalising viable data centres and homes.
  • Whether energy costs and grid offers revive paused projects like Stargate UK.

Terms

Opt-out scraping model
A rule that would let AI firms train on copyrighted work unless creators explicitly objected.
AI Growth Zones
Designated areas meant to fast-track data centres with planning and grid advantages.
NESO
National Energy System Operator, which manages grid connections and queue reform.
Gate 2
Stage of the reformed transmission queue where firm connection offers are issued.

Sources

  1. Britain's AI Autumn: Opt-Out Scraping, Grid Deposits and an Under-16 Ban Without a DefinitionHeyDay News · video
  2. UK government puts brakes on opt-out copyright exemption for AI | Computer Weeklywww.computerweekly.com
  3. Government to tackle speculative demand grid connection requests - GOV.UKwww.gov.uk
  4. The UK Energy Grid Has a Phantom Information Heart Drawback - Citizen Newscitizennews.biz
  5. Status Quo Preserved (for now) - UK Government Abandons AI Copyright Opt-Out Plan - Lexologywww.lexology.com
  6. UK Pauses AI Copyright Reform, Opt-Out Model Set Aside | GovPingchangeflow.com
  7. Development pipeline lagging for AI Growth Zones, FOI data reveals - Search Acumenwww.search-acumen.co.uk
  8. UK Gate 2 grid offers begin… | Data Centres: Boom and Backlashlowdown.today
  9. The UK tech energy grab: how AI data centres are delaying the building of homeswww.thenerve.news
  10. UK Abandons AI Copyright Plans After Artists Reject Opt-Out Modelwinbuzzer.com
  11. OpenAI pauses UK investment deal over energy costs and regulationwww.bbc.com

Revision log

  1. r1First published.