Comment by pmyteh

Some of it is probably about the scope of UK judicial review. Acts of Parliament are absolutely exempt from being struck down. The closest you can get is a "declaration of incompatibility" that a bill is incapable of being read in such a way as complying with the European Convention on Human Rights. If at all possible the courts will gloss and/or interpret hard to come up with a compliant reading. And an incompatibility declaration just suggests Parliament looks again: it doesn't invalidate a law by itself.

Executive acts, on the other hand, can be annulled or overturned reasonably straightforwardly, and this includes the regulations that flesh out the details of Acts of Parliament (which are executive instruments even when they need Parliamentary approval).

In short, judicial review is a practical remedy for a particular decision. "These regulations may unreasonably burden my speech" is potentially justiciable. "This Act could be used to do grave evil" isn't. If an act can be implemented in a Convention compatible way then the courts will assume it will until shown otherwise.

The consequences can look something like the report of this judgement. Yes, it looks like the regulations could harm Wikipedia in ways that might not be Convention compatible. But because interpretation and enforcement is in the hands of Ofcom, it's not yet clear. If they are, Wikipedia have been (essentially) invited to come back. But the regulations are not void ab inito.