Attorneys representing 4chan and Kiwi Farms have filed an opposition to the UK Office of Communications’ (Ofcom) motion to dismiss their US lawsuit, arguing that the British regulator’s attempt to enforce its Online Safety Act (OSA) on American platforms amounts to unlawful foreign censorship and overreach into the United States’ constitutional domain.
The filing, made in the US District Court for the District of Columbia on December 29, 2025, contends that Ofcom’s actions, sending legally binding “Section 100 Orders” via email to compel compliance with the OSA, violate US sovereignty and the First Amendment.
We obtained a copy of the filing for you here.
The plaintiffs assert that Ofcom’s conduct has no legal force in the United States because it bypassed all recognized international service procedures, including the Hague Service Convention and the US–UK Mutual Legal Assistance Treaty.
Lawyers Ron Coleman and Preston Byrne argue that Ofcom’s regulatory model functions like a commercial enterprise rather than a sovereign body, funded through fees extracted from companies it regulates.
Under the Foreign Sovereign Immunities Act, the plaintiffs maintain that this structure places Ofcom’s operations within the “commercial activity” exception, thereby stripping it of immunity from suit in US courts.
The opposition brief situates the dispute within a broader geopolitical context, describing a “diplomatic standoff” between Washington and London over the reach of online speech laws.
Hellbound and Down 