The operators of the online forums 4chan and Kiwi Farms have filed a federal lawsuit in Washington, D.C. in an attempt to prevent the UK communications regulator Ofcom from applying the UK’s Online Safety Act to the forums when it comes to speech on US territory.
US action questions Ofcom’s extraterritorial reach
The suit, brought by the companies that own the platforms — 4Chan Community Support LLC and Lolcow LLC — is seeking a legal ruling from a US federal court saying that it is invalid for Ofcom to enforce or attempt to enforce UK regulatory obligations on non-UK businesses having no physical presence in the UK.
(The plaintiffs are represented by lawyers from Byrne & Storm and the Coleman Law Firm.) Ofcom’s requirement that the companies conduct assessments, and keep records, is an illegal proposal to regulate American firms and American users, the companies say.
Constitutional claims alleged in the complaint
The suit claims the Online Safety Act undermines core protections in the US Constitution, including free speech and privacy rights. Plaintiffs request that this court declare the orders of Ofcom unenforceable in the United States and that Ofcom be permanently enjoined from trying to enforce the orders.
Lawyers for the platforms characterize the case as a defense of American civil liberties, telling the court that foreign regulatory overreach cannot override constitutionally-protected rights of US citizens. The filing cites the First, Fourth, and Fifth Amendments in support of that argument.
Ofcom’s stance and enforcement action
It added that it has written to the operators calling for information and to comply with obligations under the Online Safety Act such as conducting illegal-content risk assessments and submitting documents for review.
The regulator says it is looking into whether the services are fulfilling their obligations to shield users from illegal content, and has suggested enforcement measures, including levying fines. However, the final penalty in the case has not been confirmed in public by Ofcom.
Background on the platforms and the controversies
4chan, which has existed for more than 20 years, has been tied to a series of online controversies, while Kiwi Farms users have been involved in harassment campaigns that have attracted broader attention. The firms say they abide by US law and regulatory duties on American soil.
The lawsuit adds to simmering tensions over how national regulators can impose domestic internet rules on services with global users, an issue legal scholars and digital-rights groups have been fighting about for years.
Implications for transatlantic internet regulation
Legal experts say the case may set a precedent for how US courts handle efforts by foreign regulators to try to reach into the American internet ecosystem. A judgment in the plaintiffs’ favor could curb Ofcom’s practical leverage over US-based services; a judgment for Ofcom could potentially embolden cross-border enforcement techniques.
The controversy is a pivot point for broader questions about platform accountability, national sovereignty and the tension between protecting users from harm and preserving free expression on the internet.
Relief sought and next steps in court
As well as a declaratory judgment and a permanent injunction, the complaint also seeks to enjoin Ofcom from even seeking to impose civil or criminal penalties against US persons who do not comply with UK regulatory orders. The case will now move through the federal docket in Washington, D.C., as the parties exchange legal briefs and argue over the law.
As the lawsuit proceeds, regulators, platform operators and free-speech advocates in London and Washington will be carefully watching for signs about the boundaries of national regulation in a global internet.