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Chris Vallance, a senior technology reporter, has relayed the message that a lawyer representing the online message board 4chan has stated they will not pay a proposed fine by the UK’s media regulator as it enforces the Online Safety Act. Managing partner of law firm Byrne & Storm, Preston Byrne, has shared that Ofcom has provisionally decided to impose a £20,000 fine “with daily penalties thereafter” until the site complies with its request. He emphasized that “Ofcom’s notices create no legal obligations in the United States,” and labeled the regulator’s investigation as an “illegal campaign of harassment” against US tech firms. Ofcom has refrained from providing a comment as the investigation unfolds.
Mr. Byrne made it clear that “4chan has broken no laws in the United States – my client will not pay any penalty.” Ofcom initiated an investigation into 4chan’s compliance with the UK’s Online Safety Act and issued the site with a “provisional notice of contravention” in August for failing to respond to two information requests. The ongoing investigation by Ofcom is set to determine whether the message board is abiding by the act, which includes obligations to safeguard users from illegal content. 4chan has a history of being involved in online controversies, often linked to misogynistic campaigns and conspiracy theories due to its platform where users remain anonymous, leading to extreme content being posted frequently.
A statement released by law firms Byrne & Storm and Coleman Law argued that 4chan, being a US-based company incorporated in the US, is protected against UK law. They iterated that “American businesses do not surrender their First Amendment rights because a foreign bureaucrat sends them an email,” and indicated potential legal action in US federal court to uphold these principles if necessary. They have notified US authorities of their response to Ofcom’s investigation and called upon the Trump administration to utilize diplomatic and legal means to safeguard American businesses from foreign censorship mandates. Ofcom clarified that the Online Safety Act applies to services directed at protecting users in the UK exclusively.
The regulation of US tech firms by the UK and EU has faced opposition from American politicians such as the Trump administration and its allies, who perceive it as overreach. Concerns around the impact of the Online Safety Act on free speech have been raised, alongside disagreements on other laws. Recent developments have seen US officials opposing international laws like the Online Safety Act, with Director of National Intelligence Tulsi Gabbard sharing her success in persuading the UK to withdraw its demand for a “backdoor” in an Apple data protection system. US Federal Trade Commission chairman Andrew Ferguson cautioned big tech companies about potentially violating US laws if they weaken privacy and data security standards by complying with international laws. If 4chan contests the fine successfully in US courts, Ofcom may have to explore alternative measures to enforce compliance against an offshore provider that could impact their UK operations
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