US Lawsuit Challenges Ofcom’s Online Safety Act Over Free Speech Concerns
US Companies File Lawsuit Against Ofcom for Overreach of Online Safety Act
In a groundbreaking legal clash, UK telecom regulator Ofcom is facing a lawsuit in the United States over the enforcement of the contentious Online Safety Act (OSA). Notorious platforms 4chan and Kiwi Farms have initiated proceedings in US federal court, accusing Ofcom of overstepping its boundaries and infringing on their First Amendment rights. The lawsuit emphasizes concerns about free speech, sovereignty, and the extent of international regulatory power in the digital age.
The Core of the Legal Dispute
The complaint, filed on August 27, 2025, claims Ofcom is attempting to impose UK internet laws on American-based online platforms, effectively acting as a “global internet censor.” Both 4chan, incorporated in Delaware, and Kiwi Farms, headquartered in West Virginia, stress their US origins as they argue they “do not answer to the UK.” They note they have no physical presence, employees, or infrastructure within UK borders, yet Ofcom has sought to enforce compliance on their platforms for content accessible by UK users.
The OSA, heavily criticized in the UK for its perceived threats to free expression, aims to regulate online content and enhance user safety. However, the sweeping nature of its enforcement powers—which target foreign websites accessible by users in the UK—has raised international alarm. 4chan and Kiwi Farms argue that the OSA infringes on their constitutional rights by compelling them to remove content legal under US laws and enforce strict age verification measures, which pose significant privacy and speech concerns for their users.
Free Speech, Section 230, and Global Internet Governance
At the heart of the legal argument lies the United States Constitution’s First Amendment protections and Section 230 of the Communications Decency Act, which shields platforms from liability for user-generated content. The lawsuit alleges that Ofcom’s regulations disregard these protections by treating platforms as publishers responsible for user content. Furthermore, they accuse the UK regulator of using heavy-handed tactics, including fines of up to £18 million or 10% of global turnover, and threats of imprisonment in the event of noncompliance.
4chan and Kiwi Farms highlight specific incidents, including legally binding notices sent by Ofcom that demanded compliance under penalty of severe financial and legal repercussions. Kiwi Farms, which initially blocked UK users to avoid OSA obligations, faced further demands when temporary technical maintenance briefly restored accessibility for UK users. These incidents, the lawsuit claims, bypassed official legal protocols such as the US-UK Mutual Legal Assistance Treaty, reinforcing concerns about procedural legitimacy.
Implications for Internet Regulation and Global Free Speech
This legal clash transcends simple jurisdictional disputes—it touches on broader debates surrounding global internet governance. The plaintiffs argue that Ofcom’s actions set a dangerous precedent, enabling foreign regulators to undermine American competitiveness and constitutional freedoms under the guise of online safety. The lawsuit alleges Ofcom deliberately targeted smaller platforms like 4chan and Kiwi Farms to intimidate larger US tech companies into compliance, bypassing their constitutional rights.
The outcome of this case could shape future regulatory frameworks for international digital platforms, determining whether a government can police content far beyond its borders. Additionally, the case has attracted attention from the White House and free speech advocates in the UK, with many hoping the US lawsuit might prompt revisions to what critics call a flawed and draconian law. In an increasingly interconnected digital world, this clash raises critical questions about jurisdiction, individual freedoms, and the balance between safety and rights in online spaces.
A Pivotal Moment in Digital Rights Advocacy
As the lawsuit unfolds, 4chan and Kiwi Farms are pushing for US courts to issue an injunction declaring Ofcom’s mandates unenforceable within American borders. This high-profile case has already drawn global attention as it sets the stage for a larger conversation on the limits of regulatory power in the digital era. Whether advocating for free speech or stringent online safeguards, stakeholders around the world will be watching closely as this case could redefine how international laws apply across the internet.
