Report from ArsTechnica
In Brief – UK telecoms regulator Ofcom has imposed a £20,000 fine on 4chan, an online platform where users post texts and images anonymously and face minimal content moderation, for failing to respond to “legally binding information requests” related to compliance with the Online Safety Act (OSA). Ofcom launched the investigation into 4chan, a platform long known for hosting objectionable and pornographic content, in June. The specific requests of 4chan leading to the fine included the company providing a self-assessment of the risk of illegal harms on the site, as well as information on its global revenue. The UK Technology Minister said, “This fine is a clear warning to those who fail to remove illegal content or protect children from harmful material.” 4chan, which is based in the US and claims to have no operations in the UK, filed a lawsuit against the UK government in US federal court in August, arguing that Ofcom is overreaching its legal authority by trying to apply British law to companies based in the US.
Context – Fights over the extraterritorial jurisdiction of digital laws are likely to emerge as national regulators enforce proliferating online regulations on small, remote firms. The OSA, and its “regulatory cousin” the Digital Services Act in the EU, were enacted when the US Government was led by an administration that shared similar views about online content moderation. That is no longer the case. Instead, many Republicans, including Trump Administration leaders, see content moderation directives as efforts to discriminate against conservatives in the US and abroad, including in the UK. 4chan is portraying OSA enforcement as an example of what the Trump Administration calls “extraterritorial censorship mandates.” Separate from the US court action, which may prove interesting if Ofcom chooses to engage, the regulator could exercise its authority on home soil, ordering other platforms in the UK to remove 4chan from search results, blocking payments, or even directing local internet access providers to block the site.