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Risk-based or sector led? How we can expect the government to regulate AI

Elon Musk’s AI chatbot, Grok, has received significant backlash in recent weeks after its ability to create sexualised images of women and children generated widespread media headlines.  The scale of the public outcry has sharpened concerns about how quickly AI capabilities are outpacing existing safeguards. This has increased pressure on the government to more stringently regulate AI, which is reshaping industries at an unprecedented pace, bringing both opportunities and risks.

Prime Minister Keir Starmer previously suggested that the government would move away from the last Conservative administration’s ‘pro-innovation regulatory framework’ for AI, as set out in its white paper on AI published in 2023. Instead, Starmer has publicly emphasised the need for an overarching regulatory framework with additional protections in specific areas. He has also expressed concerns about the potential risks and impacts of AI, while acknowledging its transformative potential for society. In January 2025, the government published its AI Opportunities Action Plan, which set out its ambitions to use AI to ‘turbocharge’ economic growth and create AI growth zones to speed up planning processes for AI infrastructure.

The government’s approach to AI differs from the EU’s risk-based framework, which classifies AI systems into four categories: unacceptable risk, high risk, limited risk, and minimal risk. Each category has a different set of regulations and requirements for organisations developing or using AI systems. UK-based organisations with operations in the EU or those deploying AI systems within the bloc are likely to fall under the jurisdiction of the EU AI Act, requiring UK organisations to keep abreast of legislative changes and any potential future misalignments between the UK and EU in this area.

Although Starmer has pledged to turn the UK into an ‘AI superpower’, ministers have so far struggled to find the right balance between regulation and harnessing AI’s economic potential. At the end of 2024, the government proposed relaxing copyright laws to allow developers to train AI models on any material they can legally access. The plans received widespread criticism from creatives and high-profile musicians who would be required to opt-out of having their work used. Ministers have since acknowledged that the move was misguided and announced that the associated legislation would be delayed while they develop a more extensive policy framework.

It is likely that we will see new legislation announced in the form of an AI and Copyright Bill at the King’s speech, which is due to take place in May 2026. This presents an opportunity for businesses to engage with the government at a key stage of the policymaking process.

The legislation is likely to focus on safety, copyright protections, and transparency. The government has been clear that it does not want to introduce measures that could drive AI investment out of the UK. Appearing before the Digital and Communications Committee in January 2026, technology secretary Liz Kendall stated that many of the larger AI companies are opposed to ‘onerous burdens’, suggesting the government is likely to adopt a cautious approach in its efforts to more stringently regulate AI to avoid deterring potential investment in the UK.

This means we can expect the government to attempt to tread a line between the EU’s risk-based framework and the deregulatory approach taken in the US in order to strike the right balance between innovation and oversight. Despite both the EU and UK focussing on principles such as accountability and transparency, the diverging approaches observed so far in practice mean a consistent approach to the regulation of AI is unlikely, at least in the near term.

If you would like to discuss AI regulation in more detail, please reach out to Annabelle Black at annabelle@gkstrategy.com.