Following consultation, the UK government has laid before Parliament the draft Online Safety Super-Complaints (Eligibility and Procedural Matters) Regulations 2025. The regulations establish the eligibility criteria and procedural framework for the super-complaints mechanism under the Online Safety Act 2023.
The super-complaints mechanism will allow eligible organisations to submit complaints about features of regulated services or the conduct of providers, where they are, appear to be or present a material risk of, causing significant harm to users or members of the public, significantly adversely affecting their freedom of expression or have other significant adverse impacts on users or members of the public.
This aims to ensure that Ofcom is aware of the issues users are facing, including issues it might otherwise not have been made aware of. This process will also help Ofcom to focus priorities, target resources and recognise and eliminate systemic failings. It will also ensure that the voices of users, including vulnerable groups and children, are heard and can be acted upon, if necessary. Ofcom will be obliged to respond to super-complaints submitted by eligible entities, within a specified timeframe.
Eligibility criteria
The regulations set out the criteria which an entity must meet to be considered eligible to submit a complaint:
- the entity must be a body (such as a civil society group) which represents the interests of users of services regulated by the Act, or members of the public, or a particular group of users or members of the public;
- the entity must be independent of the services regulated under the Act, although this doesn't prevent the entity receiving funding from these services or having representatives from these services involved in their governance, provided suitable mechanisms are in place to maintain independence;
- the entity must demonstrate expertise in online safety matters, such as by routinely contributing as an expert to public discussions about online safety matters and media on the subject; and
- the entity can be relied upon to consider any guidance published by Ofcom
The super-complaints regime is designed to be voluntary and to impose no significant burden on businesses, charities, or voluntary bodies. The rules aim to make sure that only eligible bodies, representing the interests of users or members of the public, can submit super-complaints about systemic online safety issues, to safeguard the integrity and focus of the complaints process.
Admissibility
The draft regulations also outline the procedural steps required to submit an admissible complaint for consideration by Ofcom, as well as the requirements for how Ofcom must respond to such complaints.
Procedural requirements
Ofcom will determine the eligibility of an entity within 30 days, or 15 days if the entity was deemed eligible within the past five years and their circumstances have not changed.
Eligible entities will be required to ensure that evidence supporting the complaint is current, objective, and relevant. Where a complaint is submitted by an eligible entity, Ofcom is required to consider the complaint, including assessing the admissibility of the complaint itself, within a specified timeframe.
The whole super-complaints process must be typically completed within 120 days, or 105 days where an entity has retained eligibility status. Ofcom can 'stop the clock' during the 90-day period in certain circumstances or during the eligibility assessment period, such as if additional information is required and the complaint cannot be progressed without it. Entities may only submit one complaint every six months, though they can withdraw a complaint under consideration and submit a new one within six months if necessary. This is aimed at maximising the effectiveness of the regime and ensure that Ofcom is able to properly consider any complaints received. Ofcom will also have the power to reject complaints in specific circumstances, for example if the matter is already being considered by another court or regulator, or if a complaint merely repeats the substance of another complaint which has recently been considered.
Changes from consultation
The government has made the following changes in response to feedback during the consultation:
- removing the statutory pre-notification period;
- reducing the initial assessment period for determining eligibility from 30 days to 15 days for organisations previously deemed eligible;
- placing restrictions on Ofcom's ability to pause the timelines for determining eligibility or considering the complaint;
- expanding the eligibility criteria to include newer organisations that are experts in online safety matters, not just "experienced" ones that have a track record of publishing high-quality research and analysis, or collaborating with other organisations; and
- altering the restriction on submitting multiple complaints within a six-month period, allowing entities to ask Ofcom to consider a new complaint (complaint B) instead of their initial complaint (complaint A).
Ofcom's guidance
The regulations will commence on 31 December 2025. Ofcom will produce guidance, about which it will consult on later in the year, to support organisations when submitting a super complaint.
Super-complaints can be a helpful way of bringing widespread issues to a regulator's attention. For example, Which? has made super-complaints about loyalty pricing to the CMA and FCA and once the Act's provisions about fraudulent content come into effect, is likely to be keeping a watchful eye out. Ofcom's remit is not to make decisions about individual pieces of content, but super-complaints may illustrate a systemic issue which it needs to review.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
