4chan and Kiwi Farms have filed a lawsuit against Ofcom over its Online Safety Act rules.
The controversial US websites argue that the British internet regulator has no authority to impose “unconstitutional UK laws on American soil.”
The legal action follows the launch of the latest Act rules on 25 July, which state that platforms hosting adult content must introduce highly effective age assurance measures.
Websites must verify user age through methods such as ID photo checks, credit card verification, mobile network age checks and facial age estimation.
Ofcom is overseeing the implementation of the new regulations and has warned that non-compliant platforms could face substantial fines of up to £18 million or 10 per cent of global revenue.
Preston Byrne, who describes himself as a free speech lawyer, announced on X that his law firm Byrne & Storm and the Coleman Law Firm had filed a federal lawsuit against the regulator on behalf of the US websites in a DC federal court.
“American citizens do not surrender our constitutional rights just because Ofcom sends us an e-mail,” he wrote. “In the face of these unlawful foreign demands, our clients have bravely chosen to assert their constitutional rights.”
Byrne said that the Act was a “brazen attempt by a foreign country to hobble American competitiveness and suffocate American freedom”.
“If foreign countries feel like bullying Americans, that is their prerogative,” continued the lawyer. “The First Amendment bar is prepared to hale any foreign censor into federal court at any time to defend any American.”
Ronald Coleman of the Coleman Law Firm said: “With this action, our clients defend the free speech rights of every American. Foreign interference of the type seen in this case is precisely what the First Amendment is meant to protect against. We have asked the Court to confirm that Ofcom has no authority to impose or enforce unconstitutional UK laws on American soil.”
Terry Green, partner at law firm Katten Muchin Rosenman UK LLP said that the move shows that Preston Byrne is serious about his fight against Ofcom.
“Irrespective of the merits, this is a critical moment for Ofcom and its international enforcement,” added Green. “There is no doubt that overseas platforms are all keeping a close eye on how this lawsuit progresses and Ofcom’s response to it.
“Ofcom’s response to this lawsuit will be crucial as this has the risk of being replicated across the United States and even globally.”
Ofcom told the BBC: “We are aware of this lawsuit. 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.”
