Sure, but if you're forward looking, the rules could change and it's not predictable.

This kind of a memo is a useful CYA. An interpretation of the current situation and likely risk factors, and when the situation changes in the future, an artifact that justifies their current non-compliance. Will Ofcom/courts accept it and not require compliance if the situation changes? No, but it might eliminate or reduce penalties for non-compliance.

I think the goal is not to provide confidence (at least not artificially so). The situation is just not great. This letter:

* At least reassures their users that they are doing their best, at least, even though that might not be much.

* Emphasizes the difficulty of the situation that the UK created.

* Shares, at least, a description of the advice they got (properly caveated that they or their lawyers weren’t giving anybody actual legal advice).