European regulators pressure US platforms with fines, sparking US free-speech legal battle

Under the United Kingdom’s Online Safety Act and the European Union’s Digital Services Act, regulators including Ofcom have demanded data and compliance from US-based platforms, threatening fines as high as 10 % of worldwide revenue and even jail time for non-compliant operators. Lawyers like Preston Byrne, who represents firms refusing Ofcom orders, and Alliance Defending Freedom’s Jeremy Tedesco contend that these foreign mandates effectively censor American speech, despite US courts ruling they cannot enforce foreign penalties that breach the Constitution.

Byrne notes that small US sites often comply with the notices to avoid disruption, while urging US legislation—citing the HOMEFRONT and GRANITE Acts—to prevent such foreign intimidation. Tedesco warns that without a congressional shield, future administrations could permit European regulators to impose content bans on US platforms, pointing to the EU’s recent €120 million fine on X for transparency violations. Both stress that only a US law barring foreign content-regulation enforcement can protect First-Amendment rights on American soil.