Embedded Files
by
Hassan Mukhtiar
CyJurII Scholar
on 30 August 2025
Introduction:
The use of online platforms and its impact on the community remains constant topics of debate. Governments worldwide are consistently making efforts to tighten control over digital platforms to ensure compliance with established laws. One prominent case that has brought attention to cyber law issues including the regulations of online content is the ongoing tussle between OfCom and 4chan. OfCom is the regulatory body for UK’s communication services i.e. television, radio and postal services. It is authorized by the Online Safety Act 2023 to regulate online platforms and supervise internet content, thereby ensuring the safety of users and preventing them from accessing harmful or illegal content. 4chan is a U.S based anonymous online discussion forum where users can share photos and leave comments. It is renowned for its anonymity, freedom of expression, and contentious material. This conflict holds profound significance in the context of cyber law, as it underscores the tension between state regulations and freedom of expression.
The Root of the Conflict:
On April 14, 2025, OfCOM issued a statutory information request to 4CHAN, requesting documentary evidence of whether or not they had conducted a risk assessment and implemented safety measures for illegal content as they were entitled to complete a risk assessment of such content and provide to OfCom. This would include an overview of their content moderation policies. Nonetheless, 4chan remained unresponsive and failed to deliver the requested risk assessment. Consequently, on June 10, 2025, OfCom began an official investigation into 4chan due to non-compliance with statutory information requests. The investigation aimed at uncovering 4chan’s probable failure in child sexual abuse materials as well as OfCom had reasons to suspect that 4chan fell short of the minimal levels of content moderation imposed under the law. 4chan kept silent during the investigation demonstrating they had no intention of delivering sufficient response to OfCom’s information requests. This was found as a breach of 4chan’s statutory duties under section 102 (8) of the Online Safety Act 2023. As a result, on August 13, 2025, OfCom issued a provisional notice of contravention to 4chan under Section 130 of the Online Safety Act
2023, citing reasonable grounds to believe that 4chan had infringed its statutory duties up to this point. However, OfCom clarifies that they are waiting for 4chan's reply before issuing the final notice.
What’s at stake for 4chan?
The continual breach and noncompliance could become costly to 4chan. They could face fine up to £18 million or 10% of the service providers qualifying global turnover. They could also face daily rate penalties for ongoing failures (£20000 in this case). In severe cases, OfCom can restrict access to 4chan in the United Kingdom if it continuously fails to comply with the Online Safety Act duties.
4Chan’s response:
On August 18, 2025, 4chan's legal team, which includes attorneys at law, Byrne & Storm P.C, responded to OfCom's provisional notice, indicating that these claims are disputed. In this reply, they cited their First Amendment rights (U.S. Bill of Rights, 1791) against OfCom's enforcement. The First Amendment of United States Bill of Rights grant U.S citizens several fundamental freedoms against government including the Freedom of Speech. They stated that they’ll seek appropriate relief in U.S. federal courts if they were compelled to surrender their first amendments rights. Furthermore, the question of jurisdictional distinction was addressed and stated in this response that 4chan is a U.S. based company, hence the United Kingdom's regulators cannot apply their laws extraterritorially.
Key Legal and Ethical concerns:
Although both sides are standing firm on their positions, there are few issues to consider. The first concern is the issue between freedom of speech and promotion of harmful content. OfCom, the United Kingdom's regulating authority for communication, has an obligation to take adequate measures to reduce the access to hazardous content, such as child sexual abuse materials. They must impose penalties on sites that disseminate such content for the purpose of deterrence. On the other side, 4chan justifies the exhibition and promotion of harmful and unlawful content by invoking its right to free expression given by the U.S. Bill of Rights under the First Amendment. The question here is whether free speech covers the promotion of content and discussions that are damaging to certain groups of people, particularly minors?
If the answer is affirmative, what influence will it have on future generations and young people? The second issue is the jurisdictional challenges in such matters, whether a state-level regulator can enforce its statutes on platforms operating from outside its territorial demarcations? If yes, will these laws enhance cooperation and collaboration between governments and international platforms, or will they create barriers to entry?
Cyber Law Perspective:
The Online Safety Act 2023 applies to all platforms accessible in the UK regardless of whether they are operated in the UK or not. 4chan, even if it operates in the United States, can nevertheless be regulated by OfCom using the authorities conferred by this Act. The major goal of this act is not to impose sanctions on national or international platforms; rather, it seeks to make the United Kingdom the safest place to be online. In contrast, statutory provisions in the United States, such as the first amendment and the Communications Decency Act of 1996, offer platforms broad autonomy and authority to determine their own content moderation guidelines (aka good faith moderation). Platforms are mostly not regulated by the state but by themselves, however, there are some restrictions imposed by the state for the safety and welfare of the children (Texas HB 1181 2023). This regulatory distinction between states raises concerns and highlights the desperate need for a universal international cyber law enforcement system, unlike the limited Budapest Convention, to help resolve such disputes.
Conclusion and Global Impact:
The confrontation between OfCom and 4chan is critical in the digital world and cyber law because the ramifications will extend well beyond the borders of the UK and the United States. It will set a precedent for future confrontations, particularly cross-border enforcement concerns. It also underscores the contradiction between free speech traditions and regulatory models, which will be intensified if other governments adopt stronger internet controls and safety legislation. Therefore, urgent international cooperation is essential to balance national sovereignty with the global nature of digital platforms.
References/Further Reading.
Ferguson, A. (2025). Ofcom issues 4chan a provisional notice under Online Safety Act. [online] think broadband. Available at: https://www.thinkbroadband.com/news/ofcom-issues-4chan-a-provisional-notice-under-online-safety-act.
Goo, K. and Klibanoff, E. (2025). Supreme Court: Texas can force porn websites to verify ages. [online] The Texas Tribune. Available at: https://www.texastribune.org/2025/06/27/texas-porn-websites-age-verification-law-supreme-court/.
Legislation.gov.uk. (2023). Online Safety Act 2023. [online] Available at: https://www.legislation.gov.uk/ukpga/2023/50/section/108,
@lexisnexis. (2023). 102 Information notices. [online] Available at: https://www.lexisnexis.co.uk/legal/legislation/uk-parliament-acts/online-safety-act-2023-c50/part-7/section-102
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