4chan and Kiwi Farms file joint lawsuit against UK over online safety law

Internet message boards 4chan and Kiwi Farms have filed a federal lawsuit against Ofcom, the UK's communications regulator, alleging that the UK's online safety law violates the constitutional rights of American companies.

4chan/Kiwi Farms lawsuit | DocumentCloud
https://www.documentcloud.org/documents/26076733-govuscourtsdcd28421810-1/

4chan and Kiwi Farms Sue the UK Over its Age Verification Law
https://www.404media.co/4chan-and-kiwi-farms-sue-the-uk-over-its-age-verification-law/

4Chan and Kiwi Farms file joint lawsuit against British Ofcom | The Verge
https://www.theverge.com/social/767063/4chan-kiwi-farms-lawsuit-uk-ofcom

4chan and Kiwi Farms are known to be websites with toxic communities on the internet, and their users are heavily involved in 'racism, hate speech, harassment, spreading conspiracy theories, and bullying,' which are punishable under the UK's Online Safety Act. As a result, Ofcom announced that it has launched an investigation into a total of nine sites and services.

UK regulators investigate potential violations of online safety laws, including 4chan - GIGAZINE

According to documents filed in the U.S. District Court for the District of Columbia, Ofcom has required 4chan and Kiwi Farms to submit regular 'risk assessment' reports to comply with U.K. law, and that failure to comply could result in fines of up to £18 million (approximately $35.8 million). The notice from Ofcom also includes the possibility of criminal penalties, including arrest and up to two years in prison.

The two sites argue that Ofcom is exceeding its legal authority by applying UK law to US-based companies. Because both 4chan and Kiwi Farms have operations solely within the US, and their servers and other infrastructure are located on US soil, their editorial decisions regarding website operation and content should be protected by the First Amendment.

4chan and Kiwi Farms specifically argued that forcing the removal of certain content violates free speech, that forcing companies to provide internal company information (such as risk assessments) without a warrant violates Articles 4 and 5, and that requiring users to verify their age denies their right to anonymous or pseudonymous political speech.

Furthermore, the two sites argue that Ofcom's obligation to monitor and remove user content amounts to treating the site operator as a 'publisher or speaker,' an action expressly prohibited by Section 230 of the Communications Decency Act.

The plaintiffs, 4chan and Kiwi Farms, are seeking a finding that Ofcom's notice of legal process is invalid because it does not comply with the Mutual Legal Assistance Treaty between the United States and the United Kingdom; a declaration that Ofcom's order is unenforceable in the United States; and a permanent injunction prohibiting Ofcom from further enforcing online safety laws against the plaintiffs in the United States.

'Lawyers for other websites that have received similar notices from Ofcom are also closely monitoring the case,' Preston Byrne, a lawyer for the plaintiffs, told The Verge.