Ofcom concedes defeat in 4chan case
UK regulator Ofcom’s attempt to fine 4chan under the Online Safety Act – and its effective inability to enforce that penalty in the US – has become a test case for how far national internet regulations can reach across borders. Commenters contrast UK and European ambitions to police harmful or illegal content with US constitutional protections and sovereign immunity, and note that most targeted platforms complied while a small minority, including 4chan and Kiwi Farms, are resisting. The exchange raises broader concerns that such laws could justify China-style network controls, deep packet inspection, or VPN restrictions, and that states may respond by blocking entire sites at the ISP or DNS level when foreign enforcement fails.
Jurisdiction, Sovereignty, and the US Court Ruling
- Many note the obviousness: US courts rarely enforce foreign judgments that conflict with the US Constitution, especially on speech.
- The 4chan suit against Ofcom was dismissed on foreign sovereign immunity grounds; the strong First Amendment language was non‑binding commentary, not the basis of the decision.
- Some argue 4chan “won in practice” because Ofcom has no way to collect fines in the US; others call the “Ofcom defeat” framing overblown.
Ofcom’s Strategy and Motives
- Ofcom has issued ~200 orders under the UK Online Safety Act; only four US platforms (including 4chan and Kiwi Farms) refused.
- Several commenters see Ofcom’s move as largely performative politics to answer a moral panic and please UK politicians and newspapers.
- Others suspect it was meant to fail to justify stronger domestic censorship tools; skeptics attribute it to incompetence rather than conspiracy.
Free Speech vs. Foreign Regulation
- Strong defense of US‑style free speech: UK/European hate‑speech and “online safety” laws are seen as censorship that US courts should not help export.
- Some outside the US resent American “one‑way” extraterritoriality (FATCA, CLOUD Act, sanctions) and see UK/EU attempts as mirroring that power, but without comparable leverage.
- Disagreement over whether resisting UK orders makes 4chan/Kiwi Farms “heroes” of free speech, or merely gross sites that happen to benefit from US constitutional protections.
Technical Enforcement and “Great Firewall UK” Concerns
- Thread debates how the UK could respond: DNS/IP blocking, ISP blocklists (already widely used), payment processor pressure, or more invasive tools.
- Many fear a gradual Russian‑style path: start with piracy blocks, then expand to broader content, add DPI hardware, then crack down on VPNs and alternative protocols.
- Others argue full DPI at national scale is hard and expensive; simple IP/DNS controls and ISP‑level blocks may be more realistic and are already in place for some sites.
Business Presence and Compliance Incentives
- Key distinction: platforms with staff, offices, advertisers, or banking exposure in the UK/EU have strong incentives to comply; “purely” US‑based or low‑revenue sites can ignore fines.
- Several note that 98% compliance with Ofcom’s notices will be read inside the UK as validation of the regime, regardless of the 4chan outlier.