Super-complaints: eligible entity criteria and procedural requirements

Super-complaints will play an essential role within the new regulatory framework established by the Online Safety Act as they will allow for complaints about systemic issues to be raised with the regulator.

They will enable eligible entities to bring systemic issues that arise across services, or in exceptional circumstances on one service, to the attention of the regulator. This will ensure that OFCOM is made aware of issues users are facing which it may not be aware of otherwise.

Super-complaints will work alongside OFCOM’s ongoing research and horizon scanning to make sure that the regulatory framework stays up to date and keeps users safe.

The Secretary of State is required by the act to set out in regulations the eligible entity criteria and the procedure for  super-complaints.

Eligible entity criteria. Entities will need to meet the eligible entity criteria in order to be eligible for submitting a super-complaint to the regulator.

Procedure for super-complaints. The act provides that this may include provisions setting out how OFCOM may be notified of an intention to make a complaint, the form and manner of such a complaint (including evidential requirements), steps that OFCOM must take in relation to it (including publishing responses), and time limits for each step.

This public consultation seeks the views of the public on both of these issues. Responses to the consultation will inform the final regulations and will ensure that they are evidence-based and effective. The consultation will run for eight weeks and will close at 11:45pm on 11 January 2024.

Michelle Donelan, The Secretary of State for Science, Innovation and Technology said: 

“Now that the Online Safety Act has passed into law we are working to get the framework up and running. Responses to this new consultation will help to create an effective, fair and future-proofed super-complaints system that will ensure that systemic issues can be raised with the regulator.”

Read our consultation privacy notice.