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4chan, Kiwi Farms Sue Ofcom in U.S. Court to Halt UK Online Safety Act Reach

The platforms say the British law cannot be applied to U.S.-based services without infringing constitutional rights.

Overview

  • The joint complaint was filed August 27 in the U.S. District Court for the District of Columbia seeking an injunction and a declaration that Ofcom lacks jurisdiction.
  • Ofcom said it is aware of the case and reiterated that services with links to the UK have duties to protect UK users regardless of where they are based.
  • The filing follows Ofcom’s August 13 provisional decision that 4chan contravened its duties, with reported daily penalties of about £20,000 and potential fines up to £18 million or 10% of turnover.
  • 4chan and Kiwi Farms assert they are entirely U.S.-based with no UK operations, argue First Amendment protections apply, and describe Ofcom as an “industry-funded global censorship bureau.”
  • Legal observers note the case could set a precedent for cross-border internet regulation and for challenges to age-verification and other obligations under the Online Safety Act.