4chan and Kiwi Farms Sue Ofcom in U.S. Over UK Online Safety Act
The operators of controversial online forums 4chan and Kiwi Farms have filed a lawsuit in the United States against UK regulator Ofcom, challenging its authority to enforce the Online Safety Act on American-based platforms.
The complaint, lodged in federal court in Washington, D.C., asks judges to block Ofcom from applying or attempting to apply the UK’s online safety rules to U.S. companies with no physical presence in Britain. Lawyers for the sites argue that such action would breach constitutional rights.
“American citizens do not surrender our constitutional rights just because Ofcom sends us an email,” said Preston Byrne of law firm Byrne & Storm, which is representing the platforms.
The legal filing also claims that Ofcom has threatened “ruinous civil penalties” and potential criminal referrals for failing to comply with information requests under the new law. Attorneys argue that the regulator’s demands are incompatible with U.S. free speech protections, as well as the Fourth and Fifth Amendments.
Ofcom confirmed it was aware of the case. Under the Online Safety Act, services do not need to be based in Britain to fall under the law if they attract UK users or target the UK market. “Any service that has links with the UK now has duties to protect UK users, no matter where in the world it is based,” a spokesperson said.
According to 4chan’s legal team, Ofcom has already warned the platform of a provisional £20,000 fine and daily penalties for failing to respond to two formal requests for information. Ofcom is also investigating whether the site has complied with duties to protect users from illegal material.
The lawsuit has been brought by 4Chan Community Support LLC and Lolcow LLC, the corporate entities behind 4chan and Kiwi Farms. Both sites maintain they operate legally under U.S. law, but Ofcom has written to them in recent months demanding risk assessments on illegal content.
Lawyers for the plaintiffs say the case is not just about their clients, but about safeguarding U.S. sovereignty. “We have asked the Court to confirm that Ofcom has no authority to impose or enforce unconstitutional UK laws on American soil,” said Ronald Coleman of the Coleman Law Firm.
The complaint seeks a permanent injunction preventing Ofcom from attempting enforcement in the U.S., along with a declaration that its orders are unenforceable under American law.
Both 4chan and Kiwi Farms have long been associated with online controversies, from conspiracy theories and misogynistic campaigns to targeted harassment. Critics say the platforms host harmful content, while their defenders argue they are exercising protected free speech rights.
