Following the implementation of the UK’s Online Safety Act in April, the British regulatory agency Ofcom issued violation notices to three controversial online platforms: 4chan, Gab, and Kiwi Farms. Each faces potential multimillion-dollar penalties if found guilty of noncompliance. Last week, attorney Preston Byrne, representing these sites, announced plans to file a lawsuit against Ofcom in a U.S. federal court. In a surprising move, he urged the Trump administration to leverage “all diplomatic and legal levers available” to shield his clients from the act’s jurisdiction.
Byrne’s appeal places these websites, notorious for violence, harassment, and extremism, at the forefront of a growing diplomatic priority for the Trump administration: to combat foreign laws that allegedly suppress American free speech, particularly with regard to hate speech online.
In a conversation with Technology News, Byrne revealed he has been in discussions with Congressional members and government representatives regarding not only this case but other enforcement actions in Europe that he has identified. While the Biden administration has yet to actively engage with foreign investigations into U.S. websites, Byrne expressed satisfaction with the current administration’s receptiveness, stating, “I have nothing bad to say about how the government has handled this.”
As international internet regulation has intensified, particularly in response to the increasing clout of the U.S. political right, there has been a backlash against measures like the European Union’s Digital Services Act and the UK’s Online Safety Act. In February, Vice President J.D. Vance remarked at the Munich Security Conference that free speech in Britain and Europe is under threat, hinting at the possibility of reevaluating defense funding for the EU amid Russia’s ongoing aggression in Ukraine if they don’t yield to U.S. demands. Secretary of State Marco Rubio has begun restricting visas for foreign officials who impose regulations on American entities and has directed U.S. embassies to counteract European counterparts by disseminating specific talking points.
The rollout of the Online Safety Act in the UK has encountered complications. The legislation mandates platforms to ensure users verify their ages before accessing adult or potentially harmful content, in addition to removing illegal materials. When the act came into effect in late July, major U.S. platforms like Reddit, Bluesky, X, and Grindr were compelled to establish age verification systems, which resulted in blocking access for users unwilling to share identification or undergo facial recognition. Wikipedia has raised alarms about possibly needing to unmask anonymous contributors to comply with the act and is pursuing legal action in UK courts for this reason.
If federal intervention does not materialize, Byrne’s legal strategy aims to go beyond Wikipedia’s approach; he seeks a federal court ruling asserting that the Online Safety Act should not apply to American companies. He commented that while the U.S. government has shown some resistance to the UK regarding this matter, the effectiveness of a single lawyer leveraging the First Amendment could potentially halt the enforcement of the act within U.S. borders.
Byrne is also actively attempting to negotiate a backchannel arrangement, reaching out to administration officials on behalf of his clients soon after Trump’s election. “I suggested to our relevant client that reaching out to the DOJ might yield better results as it pertains to free speech rights,” he noted.
Technology News has verified that Byrne has indeed contacted Congressional offices; however, the State Department has not responded to inquiries about their communications with him. While Byrne claimed that conversations with the White House and Congress have been limited, he indicated that his clients are already experiencing positive outcomes. Previously, notices had been served to one of his clients from Germany concerning violations of the online safety law, but by bringing attention to those notices, they ceased.
The Trump administration often employs a more aggressive definition of diplomatic solutions. For instance, it recently imposed a 40% tariff on Brazilian goods after a Brazilian Supreme Court Justice initiated legal actions against U.S.-based firms and citizens related to their online content; additionally, Rumble and Trump Media, the entity behind Truth Social, filed lawsuits claiming their users’ rights were being infringed.
However, platforms like Rumble and Truth Social, along with conventional sites such as Reddit and Wikipedia, carry less controversy than Byrne’s current clients. 4chan, Gab, and Kiwi Farms have earned their reputations as breeding grounds for hate speech and harassment, often linked to violent incidents. Gab has a history of housing antisemitic rhetoric, while Kiwi Farms has been involved in coordinated harassment attacks against vulnerable communities, and 4chan is known for its role in various online controversies and real-world violence.
These platforms allow anonymous posting, making them prime targets for Ofcom, which has noted that 4chan failed to present a risk assessment of its userbase and may face fines under the Online Safety Act amounting to £18 million or up to 10 percent of its global revenue. Ofcom has not commented on ongoing investigations regarding these sites.
Byrne has a background in representing controversial tech companies, having previously worked with Parler, a platform aimed at conservative users. His assertion remains that he will not allow his clients to be co-opted by a foreign government seeking to curtail free speech rights. He stated that while the action against Ofcom is ongoing, the decision of whether to enforce restrictions on platforms like 4chan should remain a matter for UK courts.
If the court case or intervention from the Trump administration favors 4chan and other affected sites, it could signify a significant setback for European regulations such as the Digital Services Act and the Online Safety Act.
According to Milton Mueller, head of the Internet Governance Project, the U.S. government’s backing of 4chan’s rights would mark an unprecedented shift in the international discourse regarding online content regulation.
Correction, August 23: An earlier version of this article inaccurately indicated that Rumble was a former client of Byrne’s. He has never represented Rumble.
