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Nektar Geist
An Onion Among Onions
Ofcom £20,000 fine of Delaware-incorporated 4chan is illegal says US law firm
Ofcom’s £20,000 fine and penalties of image board site 4chan are illegal and will be decided by a US federal court, not the UK telecoms regulator, says US law firm Byrne and Storm.
mobilenewscwp.co.uk
4chan was founded in 2003 as a forum for discussing Japanese comics and anime, but it quickly grew into an online community covering a wide variety of topics. Users can post anonymously, Ofcom argues that much of its content breaches the Online Safety Act.
Ofcom says its investigation shows 4chan has failed to comply with the Online Safety Act 2023 and thats the site failed to respond to a statutory information request, failed to complete and keep a record of a suitable content risk assessment, and failed to comply with safety duties regarding illegal content.
Having received no response from 4chan, Ofcom now intends to fine 4chan £20,000, followed by daily penalties.
Byrne and Storm has reminded Ofcom that 4chan is incorporated in Delaware, has no assets or operations in the UK, and that any attempt to impose or enforce penalties will be resisted in U.S. federal court.
In a stinging rebuke, the firm stated:
“American businesses do not surrender their First Amendment rights because a foreign bureaucrat sends them an email. Under settled principles of U.S. law, American courts will not enforce foreign penal fines or censorship codes. If necessary, we will seek appropriate relief in U.S. federal court to confirm these principles. United States federal authorities have been briefed on this matter.”
Byrne and Storm also noted that Sir Keir Starmer was reportedly warned by the White House to stop targeting American firms with the UK’s censorship code saying:
“Despite these warnings, Ofcom continues its illegal campaign of harassment against American technology firms. A political solution to this matter is urgently required and must come from the highest levels of American government. We call on the Trump Administration to invoke all diplomatic and legal levers available to protect American companies from extraterritorial censorship mandates.”
4chan has a reputation for hosting extreme, and sometimes illegal content. Some of its boards have been described as featuring harassment campaigns, and extremist ideologies and is monitored by monitored police due to threats and illegal material being shared."
The Labour Party have decided to fuck with 4chan... wonder how that will end?
