> They are stating that companies operating in the UK
They are not operating in the UK. ISPs in the UK have chosen to make content from the USA available in the uk (or more accurately, do nothing to prevent it being available)
but ISPs do not have the power to decide if something is infringing a rule or not.
Thus Ofcom goes through the motions of telling 4Chan "hey I think you're not compliant" and if 4Chan says "lol, I'm not serving UK people" _then_ the UK authority will tell the ISPs to block it (and the will be on the hook if they don't).
There are clear laws now, so they do have the power to decide if something's against those laws. This is besides the point I'm making though.
Ofcom should be telling the ISPs to take action, not the sites, since the ISPs are the "importers". They should never involve the site in the first place, and certainly not by trying send them empty threats of fines.
If I open a service to pick up stuff from whatever US shop a UK customer wants and then ship it to him would I not be on the hook for the contents? I don't think customs would be impressed with the argument that I don't have the power to inspect sealed packages handed over to me.
They are not operating in the UK. ISPs in the UK have chosen to make content from the USA available in the uk (or more accurately, do nothing to prevent it being available)