Lawyers for the websites 4chan and Kiwi Farms have initiated a legal case against Ofcom, the regulator responsible for enforcing the UK Online Safety Act. The lawsuit, filed in a federal court in Washington, D.C., seeks to prevent Ofcom from enforcing the Online Safety Act against these sites in the United States.
The primary argument presented by the plaintiffs centers on the claim that American citizens retain their constitutional rights regardless of correspondence from Ofcom. Preston Byrne of the law firm Byrne & Storm noted that the UK regulator’s potential actions could be seen as a challenge to those rights. Ofcom responded by stating that any service that interacts with the UK is obligated to protect UK users, irrespective of its geographical location.
The plaintiffs argue that a service does not need to be based in the UK to fall under the purview of the Online Safety Act but contend that having a significant number of UK users or targeting the UK market should not subject them to British law. They are seeking judicial confirmation that U.S. businesses, which do not have a physical presence in the UK, should not be governed by British laws.
In connection with this case, 4chan’s legal representatives mentioned that Ofcom is considering imposing a £20,000 fine for noncompliance with information requests, although Ofcom has not publicly confirmed this. Investigations are ongoing regarding 4chan’s adherence to the Online Safety Act.
The case has broader implications, as it raises questions about the enforcement of foreign laws on U.S. soil, particularly regarding free speech protections enshrined in the U.S. Constitution. The lawsuit requests a declaration that Ofcom’s demands are unenforceable in the U.S. and seeks a permanent injunction against any enforcement attempts relating to the Online Safety Act against the plaintiffs.
Source: https://www.bbc.com/news/articles/clyjq40vjl7o?at_medium=RSS&at_campaign=rss