4chan Files Lawsuit Against UK Regulator in the US to Defend Free Speech

Legal Action Against Ofcom

• Filing Details: U.S. internet platforms 4chan and Kiwi Farms have initiated a legal case against Britain's media regulator Ofcom, claiming that its enforcement of the Online Safety Act infringes on their First Amendment rights to free speech.
• Nature of the Complaint: The lawsuit highlights a growing tension between tech companies and regulatory bodies in the UK and EU, with regulators asserting their role in user protection while critics argue this threatens free speech and targets U.S. businesses.

Background on the Platforms

• 4chan's Situation: The site, known for hosting controversial content, is under investigation for potential violations of the new British law, following complaints about illegal content and a lack of response to Ofcom's information requests.
• Kiwi Farms' Compliance Issues: This platform, associated with harassment campaigns, has also faced demands from Ofcom to adhere to the Online Safety Act.

Implications of the Lawsuit

• Claims of Overreach: The lawsuit accuses Ofcom of sending "threatening communications" that disrupt the operations of U.S.-based internet companies, asserting that these platforms comply with U.S. laws and are protected by the First Amendment.
• Critique of Foreign Regulation: The suit argues that European governments are attempting to control the American internet and undermine U.S. competitiveness through various legislative measures.

Ofcom's Position

• Regulatory Stance: Ofcom maintains that any service with links to the UK has obligations to protect UK users, regardless of where the service is based, and that the act does not extend protections to users outside the UK.
• Potential Consequences: Non-compliance with the Online Safety Act could result in fines of up to 10% of a company's qualifying worldwide revenue.

Expert Commentary

• Legal Significance: Terry Green, a partner at a law firm, emphasizes the importance of Ofcom's response to this lawsuit, suggesting that its outcome could set a precedent for similar cases in the U.S. and globally.