Online forum 4Chan has launched a legal case against British regulator Ofcom in a US court, claiming the regulator is attempting to "censor" the website. The complaint was filed alongside another online forum, Kiwi Farms, in Washington DC Federal Court.
The lawsuit challenges the UK Online Safety Act, which came into force last month, and aims to ban Ofcom from enforcing the legislation against the two US-based sites. Representatives for 4Chan argued the act was being used to "target the free speech rights of American citizens".
The legal complaint stated that the lawsuit aimed to "restrain Ofcom's conduct and its continuing egregious violations of Americans' civil rights". According to the filing, "Ofcom's conception of keeping users safe is keeping them safe from encountering points of view of which Ofcom disapproves."
Legal arguments against regulation
The complaint claimed that "Ofcom purports to regulate content and interactions on platforms and services with which Plaintiffs' users are voluntarily interacting" and seeks to "control those interactions in order to satisfy the whims of Ofcom employees or the UK law enforcement or political apparatuses".
Under the Online Safety Act, services do not need to be based in the UK to face potential action from Ofcom if they have significant numbers of UK users or target the UK market. The legislation gives Ofcom powers to investigate and potentially penalise non-compliance.
4Chan's lawyers want the court to rule that US businesses with no physical presence in the UK are not subject to British laws. They also seek a ruling that the Online Safety Act conflicts with US citizens' free speech rights under the American constitution.
Ofcom's global reach disputed
The legal filing argued that "Ofcom's ambitions are to regulate internet communications for the entire world, regardless of where these websites are based or whether they have any connection to the UK". It claimed Ofcom had sent notices to both platforms threatening "criminal penalties" and planned investigations into their handling of "illegal content".
4Chan, created in 2003, has faced criticism for links to harassment campaigns and the promotion of conspiracy theories by users. Kiwi Farms, established in 2013, has similarly faced claims that some users engage in harassment.
Lawyers for both sites acknowledged the platforms were "controversial" but insisted they operated "fully in compliance with the laws of the United States". They argued this should shield them from UK regulatory action.
An Ofcom spokesperson confirmed awareness of the lawsuit, stating: "Under the Online Safety Act, any service that has links with the UK now has duties to protect UK users, no matter where in the world it is based. The Act does not, however, require them to protect users based anywhere else in the world."
Sources used: "PA Media" Note: This article has been edited with the help of Artificial Intelligence.
