Research Resources:
https://www.ofcom.org.uk/online-safety/online-safety-super-complaints
Commences on 1 January 2026
Online Safety Act- eligible organisations representing users of regulated online services or the public to raise a ‘super-complaint’ with Ofcom.
Ofcom
- Independent regulator for communications in the UK
- Oversees telecommunications, post, broadcasting, and online services sectors
- Regulator of the Online Safety Act 2023
What is a super-complaint?
- Eligible organisations can bring evidence and facts to Ofcom’s attention about features of online services or the conduct of those services that lead to a material risk of significant online harm or adverse impact on the right to freedom of expression
- Mechanism for organisations to help Ofcom identify risks to users of the services or public
- Ofcom has a fixed period to consider super-complaints and publish a response
Who can make a super-complaint?
- Organisations (not individuals)
- Criteria set out in legislation to determine which organisations are eligible to make a complaint
| Criteria to meet “eligible organisation” | 1. The organisation can demonstrate that it represents people in the UK (either those people use regulated online services, general public, specific group of people)
2. The organisation can demonstrate that it can be relied on to act independently from regulated online services 3. The organisation can demonstrate that it routinely contributes significantly as an expert to public discussions about any aspect of online safety matters 4. The organisation can be relied on to have regard to Ofcom’s guidance about making super-complaints |
Requirements to make an admissible super-complaint
| Admissible super-complaints | 1. In writing; 2. Contact name + email address of individual representing the organisation; 3. Set out (i) features or/and (ii) conduct of the regulated service/service provider to which the complaint relates; 4. Set out the regulated service/service provider being complained of; 5. Set out if the super-complaint relates to a material risk of: (i) Causing significant harm to users or members of the public (ii) Significantly adversely affecting the right to freedom of expression (iii) Another adverse impact 6. Accompanied by evidence; 7. Provide sufficient information to Ofcom so that they can verify the claims made are accurate (such as source of the evidence and findings), evaluate and interpret the evidence, be satisfied that the evidence is relevant to the complaint and objective; 8. If a complaint about a single regulated service or single regulated provider, complaint should explain why the complaint is of particular importance or impacts on a particularly large number of users or members of the public |
Examples of relevant evidence
- Reports or publications
- Links to media articles/appearances
- Transcripts of evidence given as an expert to select committees or other bodies
- Information on other professional public speaking eg conference appearances
- Public awareness campaigns or initiates
- Evaluative reports on impact
- CVs of experts working at the organisation
Practice principles for evidence
- Accuracy
- Accessibility
- Completeness
- Consistency
- Ethical considerations
- Replicability
Final guidance will be published in February 2025
Response period
- Ofcom receives the super-complaint and carries out an eligibility assessment
- Ofcom must respond within 30 days to inform the organisation if the super-complaint has passed the eligibility assessment
- If organisation is eligible to make complaint, Ofcom has 90 days to consider and respond to the complaint
Jointly submitted super-complaints
- More than one organisation can jointly submit a super-complaint if the two organisations have overlapping concerns
- One organisation should be listed as the lead and point of contact