A U.S. District Court in D.C. dismissed service and constitutional claims brought by 4chan Community Support LLC and Lolcow, LLC against the U.K. regulator Ofcom on the ground that Ofcom is an arm of a foreign state and therefore immune under the Foreign Sovereign Immunities Act. The court explicitly declined to rule on whether Ofcom’s demands violate the U.S. Constitution or are penal in nature, noting only that American courts sometimes refuse to enforce foreign penal judgments. Plaintiffs’ counsel emphasize that Ofcom chose sovereign immunity rather than litigating the merits in U.S. courts and contend that Ofcom will be unable to collect fines or compel compliance in the United States absent a voluntary waiver of immunity.
Counsel warn that Ofcom’s outreach has produced widespread voluntary compliance - 197 known orders sent to the U.S. between January 2025 and March 2026 with only four public refusals and only two U.S. litigants - creating a chilling effect on speech. They urge Congress to act, pointing to two pending bills (the GRANITE Act, H.R.10174, and the HOMEFRONT Act, H.R.10309) as statutory fixes to allow suits against foreign regulators and to bar recognition of foreign censorship rulings; state-level “GRANITE” measures are also being pursued. Counsel say they are reviewing the ruling and may appeal.
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