Re: Statement Regarding Ofcom's Reported Provisional Notice - 4Chan Community Support LLC
Byrne & Storm P.C. & Coleman Law P.C represent 4Chan Community Support.
According to press reports, the UK Office of Communications (Ofcom) has issued a provisional notice under the Online Safety Act 2023 alleging a contravention by 4Chan and indicating an intention to impose a penalty of £20,000, plus daily penalties thereafter.
4Chan is a United States Company, incorporated in Delaware, with no establishments, assets or operations in The United Kingdom. Any attempt to impose or enforce a penalty against 4Chan will be resisted in US federal court.
American businesses do not surrender their First Amendment rights because a foreign bureaucrat sends an email. Under settled principles of US law, American courts will not enforce foreign penalties or censorship codes.
If necessary, we will seek appropriate relief in US federal court to confirm these principles.
United States Federal Authorities have been briefed on this matter.
The Prime Minister, Sir Keir Starmer, was reportedly warned by The White House to cease targeting Americans with UK censorship codes (according to reporting in The Telegraph on July 30th).
Despite these warnings, Ofcom continues its illegal campaign of harassment against American technology firms. A political solution to this matter is urgently required and that solution must come from the highest levels of American government.
We call upon the Trump administration to invoke all diplomatic and legal levers available to the United States to protect American companies from extraterritorial censorship matters.
Our client reserves all rights.