Two of the internet’s most controversial forums, 4chan and Kiwi Farms, are suing the UK’s communications regulator, Ofcom, over the enforcement of Britain’s new Online Safety Act.
The legal complaint, filed in a Washington DC federal court, seeks to block Ofcom from applying its powers to American-based platforms that do not operate in the United Kingdom. Lawyers for the forums argue that the Act threatens US constitutional rights by attempting to impose British regulations on businesses outside its borders.
Ofcom’s Reach Under the Law
Ofcom has stated that under the Online Safety Act, any platform with UK links—such as a significant British user base or marketing directed toward UK residents—falls under its jurisdiction, regardless of where it is headquartered.
The regulator says the legislation requires platforms to protect users from illegal or harmful content, meaning companies abroad may still be asked to comply if their services are accessible to people in Britain.
In response to the lawsuit, Ofcom told the BBC it was aware of the legal filing and reiterated its position that companies serving UK audiences must follow the rules laid out in the Act.
Arguments From 4chan and Kiwi Farms
Lawyers for the forums contend that Ofcom’s actions amount to overreach. Their complaint asks the US court to rule that American companies with no physical or legal presence in the UK cannot be bound by British law.
They argue that the Act contradicts core protections in the US Constitution, particularly the First Amendment’s guarantee of free speech, as well as other rights under the Fourth and Fifth Amendments.
The filing also claims Ofcom’s approach infringes on civil liberties, portraying the regulator’s enforcement attempts as an attempt to extend UK law onto American soil.
Tensions Over Compliance Orders
The lawsuit follows an escalating dispute between Ofcom and 4chan. According to lawyers for the platform, Ofcom provisionally decided to impose a £20,000 fine, with additional daily penalties, after the site allegedly failed to respond to two formal requests for information.
While Ofcom has not confirmed the fine, it has said its investigation into 4chan is ongoing. The regulator continues to examine whether the platform is fulfilling its legal duties to reduce users’ exposure to illegal material.
Similarly, Ofcom reportedly wrote to Kiwi Farms in March 2025, instructing it to conduct a mandatory illegal content risk assessment and submit its findings by April 17, 2025. Lawyers for the forum argue such demands are unconstitutional when directed at US-based businesses.
Claims of Harsh Penalties
The legal complaint alleges that Ofcom threatened both forums with severe consequences if they did not comply. These included large civil penalties and the possibility of referrals for criminal enforcement, which the plaintiffs interpret as threats of arrest or imprisonment for American operators.
Both platforms insist they are operating “in compliance with US law” and should not be forced to submit to regulations crafted abroad.
Free Speech at the Center
The legal teams for 4chan and Kiwi Farms frame the lawsuit as a defense of free expression. They argue that allowing Ofcom to enforce UK law in the US would set a dangerous precedent, potentially exposing American companies to international censorship and undermining constitutional protections.
The plaintiffs are asking the Washington DC court to:
- Declare Ofcom’s orders unenforceable in the US, citing conflicts with the First, Fourth, and Fifth Amendments.
- Grant a permanent injunction preventing Ofcom from applying the Online Safety Act to American platforms.
- Confirm that US companies cannot face penalties under foreign regulations when operating solely under American jurisdiction.
A Controversial History
Both forums have long faced scrutiny over the role they play in online culture.
- 4chan, founded in 2003, has been a breeding ground for internet memes but also for conspiracy theories, misogynistic campaigns, and extremist rhetoric.
- Kiwi Farms has been widely criticized for fostering harassment campaigns, with users linked to serious cases of online abuse and targeted trolling.
These reputations have intensified debates over whether such platforms should face stricter oversight, especially when their influence extends internationally.
