As 4chan mocks UK regulators, will Ofcom turn to its 'last resort'?

Date:
Fri, 27 Mar 2026 15:08:14 +0000

Description:
With fines being ignored, Ofcom may turn to website blocks

FULL STORY ======================================================================Copy link Facebook X Whatsapp Reddit Pinterest Flipboard Threads Email Share this article 0 Join the conversation Follow us Add us as a preferred source on Google Newsletter Tech Radar Get daily insight, inspiration and deals in your inbox Sign up for breaking news, reviews, opinion, top tech deals, and more. Become a Member in Seconds Unlock instant access to exclusive member
features. Contact me with news and offers from other Future brands Receive email from us on behalf of our trusted partners or sponsors By submitting
your information you agree to the Terms & Conditions and Privacy Policy and are aged 16 or over. You are now subscribed Your newsletter sign-up was successful Join the club Get full access to premium articles, exclusive features and a growing list of member rewards. Explore An account already exists for this email address, please log in. Subscribe to our newsletter Ofcom appears to be facing a major enforcement challenge. Despite issuing 3 million in fines under the Online Safety Act, the regulator has recovered
just 55,000 .

With controversial platforms like 4chan now openly mocking the financial threats, Ofcom is being pushed toward its option of last resort. If deployed, these measures could test the UKs ability to control the internet. Ofcoms powers The Online Safety Act forces Ofcom to follow a strict statutory escalation process. When a website ignores corrective demands like failing
to impose age assurance measures the regulator can issue progressively steeper fines. Article continues below You may like 'The UK war on VPNs is an embarrassment' backlash grows over proposed VPN age-checks UK government may 'age restrict or limit childrens VPN use' following three-month consultation Mullvad VPN takes its banned anti-surveillance ad to the streets after UK TV rejection

If those fail to achieve compliance, Ofcom is left with its business disruption measures (BDM). These allow the regulator to order payment providers and advertisers to withdraw services, or force Internet Service Providers (ISPs) to block a site entirely via an Access Request Order (ARO).

To date, Ofcom has avoided these measures, with a spokesperson acknowledging that their use would represent a significant regulatory intervention.
However, even if they are introduced, their impact may not be as straightforward as the regulator likely hopes. The complicated business of
BDM Ofcom must secure a court order to impose business disruption measures which inevitably introduces uncertainty.

Fred Allen, Senior Associate at Kingsley Napley, told TechRadar that courts are likely to scrutinize whether a block is truly necessary or if a "less intrusive measure" could achieve the same goal.

He added that while the courts will give weight to the opinion of an expert regulator it will nonetheless "scrutinise carefully measures that restrict rights and freedoms.

There is also the matter of commercial interests. Under the Online Safety
Act, the entities targeted including ISPs, advertisers, and payment
platforms can contest a ruling.

While it seems unlikely that a national broadband provider will head to court to defend people's right to access a controversial site like 4chan, the potential for protracted legal battles and rising costs may explain why Ofcom has been hesitant to move beyond financial penalties. However, there are
other hurdles for Ofcom to consider. What to read next Investigation: UK spends millions on VPNs as government weighs ban for children Australias age verification rules: Is a VPN ban on the horizon? La Liga's war on piracy is breaking the internet in Spain and your VPN could be the next target The reality of website blocks Attempting to block websites is also likely to
cause the regulator headaches. Websites often rely on shared infrastructure and aggressive blocking can affect sites and services that arent involved.

Italys recent " Piracy Shield " initiative serves as a cautionary tale. Designed to block illegal sports streams in real-time, the system mistakenly took down legitimate services for hours.

Because a single IP address can be associated with hundreds of innocent websites, and shared Content Delivery Networks (CDNs) mean many services
share the same infrastructure, singling out one site without affecting others requires more advanced blocking techniques like deep packet inspection (DPI)
.

The adoption of VPNs could also undermine any website blocks that are enforced. Andrew Kernahan, Head of Public Affairs at the Internet Service Providers Association (ISPA), stressed that blocking a website should be the regulators last resort and does not represent a silver bullet.

He also told TechRadar that while the use of VPNs and encrypted traffic can undermine its efficacy, not all users are familiar with VPNs.

Nevertheless, following website blocks, Ofcom and the Department for Science, Innovation and Technology (DSIT) would likely face a difficult choice. Rather than primarily being concerned with VPN use among children as they are currently the regulator would have to consider the impact of VPN use by the broader adult population. Ofcoms stance Ofcom maintains that if there is an ongoing breach of safety duties and if it is appropriate and proportionate
for preventing significant harm to people in the UK, Ofcom can apply to a court for an order which would restrict or block access to a website.

A spokesperson for the regulator added that it will not hesitate to use the powers, though acknowledged it would be significant due to the impacts it has on the availability of services and information online for people in the UK.

Regarding the low recovery of fines, the regulator is eager to stress that many of the deadlines to retrieve the funds have not yet passed and is expecting more to be received. Whats next for the Online Safety Act? Ultimately, the next phase of enforcing the Act is likely to be just as complex as those that have gone before it. If the regulator ramps up its enforcement and its "last resort" still hits technical limitations, it could force a dramatic rethink of how the UK handles VPN access and encrypted traffic. With that, digital privacy and access to information could be put at risk.

For the time being, Preston Byrne the lawyer representing 4chan remains unmoved by the escalating penalties. Last week, the platform responded to a new 520,000 fine notice by sending Ofcom an AI-generated image of a giant hamster .

In an email to TechRadar, Byrne made his stance clear: If Ofcom wants to censor British citizens, it has that power, adding that my client's only regulator here is the First Amendment.

Ofcom's own data suggests that 1.4 million unique monthly UK users access 4chan's American servers every month. The UK free speech movement could certainly use 1.4 million new activists, particularly if those activists are 4chan users, he said.



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Link to news story: https://www.techradar.com/vpn/vpn-privacy-security/as-4chan-mocks-uk-regulator s-will-ofcom-turn-to-its-last-resort


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