Americans Push Back: Legal Challenge Against Ofcom’s Online Safety Act Begins

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A prominent American legal duo is preparing to take the UK’s media regulator, Ofcom, to court in the United States, raising concerns about freedom of speech and international overreach. Their aim: to challenge the implications of the Online Safety Act (OSA) and its potential censorship impact on American tech companies operating globally.

Technology and free speech lawyer Preston Byrne announced on the social media platform X (formerly Twitter) that he and fellow attorney Ron Coleman intend to sue Ofcom in federal court, claiming the Act threatens the free expression rights of American citizens and companies. “We’ll fight together,” Byrne declared, calling on Silicon Valley’s top executives, Elon Musk, Mark Zuckerberg, Tim Cook, and Sundar Pichai to support the effort. Byrne stated that even one major company stepping away from “European censorship regimes” could be a turning point in preserving American online freedoms.

The Online Safety Act, which officially came into force on Friday, is one of the UK’s most significant attempts to regulate online content. The legislation imposes strict requirements on tech platforms, such as implementing robust age verification systems to shield minors from explicit material and other harmful content. While the intent is child protection, critics warn that the scope of the law opens the door to excessive censorship and governmental control over speech.

Among those voicing concern from within the UK is Kemi Badenoch, the Conservative Party leader, who has sharply criticised the implementation of the Act. In an interview with LBC’s Iain Dale, she remarked, “It’s clearly not working as intended. So there must be something that can be done to fix that.” Badenoch pointed out the rise in downloads of Virtual Private Networks (VPNs)tools, commonly used to bypass online restrictions, as a symptom of the law’s failure to function effectively.

Although she stopped short of pledging to repeal the Act, Badenoch acknowledged that blanket regulations are often easily circumvented. “What really worries me is that we’re going to end up in a situation where all of the bad guys find ways to circumvent before the Government gets a handle on it,” she warned, adding that “parents need to do more,” especially regarding the use of smartphones among children.

The political debate intensified further when Science and Technology Secretary Peter Kyle attacked Reform UK’s pledge to scrap the law if elected. Kyle controversially accused party leader Nigel Farage of aligning with “extreme pornographers” and referenced notorious offender Jimmy Savile’s remarks that drew sharp criticism and demands for an apology.

Kyle defended the Act, stating that while it cannot prevent every instance of harmful content reaching children, it represents a “very, very significant step forward.” He argued that without the legislation, dangerous individuals would once again have easy access to minors through messaging apps, effectively “turning the clock back.”

With legal pressure mounting from across the Atlantic and political division deepening at home, the Online Safety Act faces scrutiny not just over its purpose but over its broader implications for freedom of expression, national sovereignty, and global tech governance. Whether or not the American lawsuit will succeed, the message from critics is clear: this battle is far from over.