This case spawned from a series of interactions between Plaintiffs, two American internet companies, and Ofcom.
asserted
case → spawn → Plaintiffs
Plaintiff 4chan "runs an Internet imageboard website" that it describes as "controversial," while Lolcow administers a website called Kiwi Farms that operates as a "discussion forum that focuses on Internet culture" and is also self-described as "controversial."
asserted
that → run → culture
According to the Complaint, neither 4chan nor Lolcow has any "presence, operations, or infrastructure outside the territorial limits of the United States."
uncertain
4chan → accord → States
Although the Court does not undertake to describe all of Ofcom's regulatory powers, two are particularly relevant here.
asserted
two → undertake → powers
First, the Online Safety Act gave Ofcom investigatory powers.
asserted
Act → give → powers
Ofcom may issue "information notices," which require recipients to give Ofcom "any information that they require for the purpose of exercising, or deciding whether to exercise, any of their online safety functions."
uncertain
they → issue → functions
Ofcom may also "open an investigation into whether a provider of a regulated service has failed, or is failing, to comply with" certain requirements under the act, and "the provider must co
uncertain
provider → open → act
These investigative powers are backed by the force of law.
asserted
powers → back → law
"A person commits an offence if the person fails to comply with a requirement of an information notice."
asserted
person → commit → notice
If a person is convicted of such an offense, they may be fined.
uncertain
they → convict → offense
Second, the Online Safety Act equips Ofcom with two enforcement tools: (1) provisional notices of contravention and (2) confirmation decisions.
asserted
Act → equip → contravention
Provisional notices of contravention put a provider on notice that, in Ofcom's view, "there are reasonable grounds for believing that the provider has failed, or is failing, to comply with any enforceable requirement … that applies in relation to the service."
asserted
that → put → service
Enforceable requirements encompass a host of duties set forth in the statute—including illegal content, children's online safety, and record-keeping requirements….
asserted
requirements → encompass → content
The parties give slightly different accounts of their interactions.
asserted
parties → give → interactions
Starting with its interactions with 4chan, Ofcom tells that it initially made a determination that 4chan was subject to the Online Safety Act because the website represented that it had "over 20 million unique visitors per month and that over 7% of 4chan's user base [was] UK users."
asserted
% → start → base
Moreover, the website "markets [its] platform to advertisers on the basis" of that 7% of British users, "the second largest percentage behind the United States."
asserted
website → market → States
The Parties agree that on April 14, 2025, Ofcom sent 4chan an "information notice"—though Ofcom claims that it made previous outreach attempts as well.
uncertain
it → agree → attempts
According to Ofcom, the information notice sought "a written record of the illegal content risk assessment that 4chan was required to prepare under the Act."
uncertain
4chan → accord → Act
Plaintiffs allege that the notice warned that "'failure to comply' with it 'may also constitute a criminal offense'" and "may result in a fine of £18 million or 10% of 4chan's worldwide turnover, arrest, and/or 'imprisonment for a term of up to two years, or a fine (or both).'"
uncertain
failure → allege → years
…
Whatever the exact chain of events, the parties agree that on August 12, 2025, Ofcom sent 4chan a "Provisional Decision"—or, as Ofcom characterizes it, a "provisional notice of contravention"—stating that 4chan had violated its obligations under Section 102(8) of the Online Safety Act.
asserted
4chan → agree → Act
The notice "threatened to impose a fine of £20,000 … as well as daily fines of £100 … for up to a maximum of sixty days."
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notice → threaten → days
This too, Plaintiffs allege, was not properly served.
asserted
Plaintiffs → allege → ?
According to Ofcom, 4chan responded to the notice by invoking the First Amendment, claiming improper service, and raising other objections.
uncertain
4chan → accord → objections
There's more, but that should give you a flavor of the factual backstory.
asserted
that → be → backstory
The court's legal conclusion, though, was that Ofcom is enough of a U.K. government actor that it is protected by the Foreign Sovereign Immunities Act.
asserted
it → protect → Act
You can read the opinion for more, but here's how the opinion closes:
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opinion → read → more
In a final bid to advance their suit, Plaintiffs argue that applying the FSIA here would "stretch the FSIA to the point of untenability."
asserted
applying → advance → untenability
They suggest that it would be perverse to apply the FSIA in a manner that "gives Ofcom the right to inject itself directly into the heart of the United States' vibrant economy and run roughshod over the rights of American citizens … by threatening Plaintiffs with fines and arrests, all the while remaining utterly immune from the jurisdiction of this Court.
asserted
that → suggest → Court
The Court expresses no view on whether Ofcom has violated the rights of any American citizens.
asserted
Ofcom → express → citizens
But Plaintiffs' rhetoric runs into two problems.
asserted
rhetoric → run → problems
First and foremost, as explained above, the United States Congress has made a different calculus.
asserted
Congress → explain → calculus
Congress could, if it wished, subject foreign governments and their instrumentalities to suit in the United States, at least where doing so would not offend the United States Constitution.
uncertain
doing → wish → Constitution
Congress has chosen, however, to do the opposite.
asserted
Congress → choose → opposite
It has shielded foreign governments from suit in American courts as "a matter of grace and comity."
asserted
It → shield → grace
That choice is no doubt motivated in part by a desire for reciprocity.
asserted
choice → motivate → reciprocity
Congress hopes that foreign countries will likewise not hail the United States and its instrumentalities into their courts.
asserted
countries → hop → courts
Second, dismissing Plaintiffs' suit here hardly leaves Plaintiffs defenseless.
asserted
dismissing → dismiss → Plaintiffs
To start, Plaintiffs may defend themselves in the British courts and avail themselves of the rights afforded to them there.
uncertain
Plaintiffs → start → them
But even without that, if Ofcom obtains a foreign judgment against Plaintiffs, Ofcom will still need to enforce that judgment.
asserted
Ofcom → obtain → judgment
Because Plaintiffs represent that they have "no presence, infrastructure, or operations abroad," that likely means enforcing any judgment in the United States.
asserted
that → represent → States
…and 10 more, not listed.
The Aporia