An American lawyer is planning legal action against Ofcom, accusing the UK regulator of overstepping into American free speech rights under the new Online Safety Act.
The move follows Ofcom writing to American tech companies, warning them of their new responsibilities under the Act.
Preston Byrne (main pic), managing partner at U.S. law firm Byrne & Storm PC, has revealed plans to file a federal lawsuit in the USA against Ofcom on the basis that the Act infringes on the constitutional rights of American citizens and companies.
While Ofcom’s enforces the Act here, some platforms it wants to regulate are based in the USA. or elsewhere. A ruling against Ofcom in an American court could limit the international enforceability of UK regulations, complicating efforts to hold non-UK entities accountable. Byrne has reportedly invited Meta, Apple, and X to join the lawsuit.
n an interview with GB News, Byrne ravaged Ofcom’s actions.
“They [Ofcom] are really not going to like what comes next,” he said. “The First Amendment protects an American’s right to talk to anyone, anywhere, anytime, about anything they choose—without interference from anybody. Not Congress, not a senator, not the governor, not even the president—and certainly not a British unelected bureaucrat.
“Ofcom has been sending letters to my clients. I have intercepted and read every single one sent to American social media companies, and I’ve forwarded all that correspondence to the White House. And the White House is really ticked off
“For context on how seriously we take this in the United States, if I did what Ofcom is doing, and threatened an American in the free exercise of their constitutional rights, I could face up to 10 years in federal prison, or even the death penalty if a kidnapping threat were involved.”
The Online Safety Act, came into force in the UK this month. It is intended to protect users, especially children, from harmful content online. It imposes compliance demands on digital platforms and gives Ofcom enforcement powers over online speech, including speech on international tech platforms that operate in the UK.
But Byrne says the law goes too far, particularly when it affects U.S.-based companies or citizens.
In a series of posts on X. Byrne invited tech companies impacted by the new law to contact him via LinkedIn to coordinate a legal challenge. He claims a coalition of U.S. firms is already preparing to join the case. “One big defection from European censorship regimes, and it’s over,” he wrote. “They’ll never censor any American again.”
Byrne’s firm, based in Connecticut, represents clients including blockchain developers, protocol engineers, social networks, SaaS providers, and gaming platforms.
Byrne says the proceedings will be filed in a U.S. federal court. Central to the case are two key legal questions. Can American courts assert jurisdiction over a UK regulator like Ofcom? Does the Online Safety Act unlawfully extend UK law into the U.S., conflicting with First Amendment protections?
Additional questions include : Can a British regulator be held accountable under US. law? What standing do US. individuals or companies have to seek remedy?
At the time of writing, Ofcom had not publicly responded to Byrne’s threat of litigation.
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