Ofcom has confirmed it is referring 4chan to a final enforcement decision under the Online Safety Act. The target is a Delaware company that runs an entirely anonymous imageboard from the United States, with no offices, staff, servers or assets in Britain. The demand: install age-verification systems and content filters so that British children cannot access the site or face daily fines levied from London on an American platform. This case is not an outlier. It is the clearest real-world demonstration of what the new generation of “online safety” laws requires: private companies must build automated filters that decide, in advance, which legal speech is too harmful for minors to see. The question the regulators never quite answer is simple: what exactly does the filter catch?
In the early 2020s, a political consensus formed on both sides of the Atlantic: social media is harming children and something must be done. The result in Washington was the Kids’ Online Safety Act (KOSA); in Westminster, the Online Safety Act (OSA), which received Royal Assent in October 2023 and began enforcement in 2025. The political appeal of both measures is genuine. Adolescent mental health deteriorated in the 2010s, parents are alarmed and platforms have appeared indifferent. But good intentions do not make good law, and the form these interventions took is constitutionally and morally indefensible. Both KOSA and the OSA rest on a duty-of-care model: platforms must take “reasonable measures” or implement “proportionate systems” to prevent minors from encountering content associated with depression, anxiety, eating disorders, self-harm and suicide. This is not a regulation of conduct. It is a mandate to suppress speech based on its topic and its predicted emotional effect on a reader: the very definition of content-based regulation.
The American Civil Liberties Union (ACLU) stated the constitutional problem plainly in its July 2023 letter opposing KOSA: the bill “is a content-based regulation of constitutionally protected speech” that “will silence important conversations, limit minors’ access to potentially vital resources and violate the First Amendment”. Under Reed v. Town of Gilbert, a law is content-based if it “applies to particular speech because of the topic discussed or the idea or message expressed”. Content-based regulations are “presumptively unconstitutional”.
Hellbound and Down 