Online Safety: Super Complaints Mechanism

I am repeating the following written ministerial statement made today in the other place by my noble Friend, the Parliamentary Under-Secretary of State for the Future Digital Economy and Online Safety, Baroness Jones of Whitchurch.

Today, I am laying before Parliament the draft Online Safety Super-Complaints (Eligibility and Procedural Matters) Regulations 2025. This important statutory instrument establishes the eligibility criteria and procedural framework for the super-complaints mechanism under the Online Safety Act 2023 and marks an important step forward in fully implementing the Act.

The super-complaints mechanism is a crucial aspect of the Act’s overall complaints handling, reporting and redress mechanisms. A well-functioning super-complaints regime will ensure a transparent and agile approach to online safety. It will perform a vital role in ensuring that eligible entities, such as civil society groups with expertise in online safety matters, can make complaints to Ofcom, the independent regulator for online safety. The regime will allow for 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 affect their freedom of expression, or have other significant adverse impacts on users or members of the public.

This will ensure that Ofcom is aware of the issues users are facing, including issues that 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. This instrument follows an eight-week consultation which ran from 16 November 2023 to 11 January 2024.

The instrument I am laying before Parliament today sets out the criteria which an entity must meet in order 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 from the services regulated under the Act, although this does not 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.

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. These regulations ensure that only eligible bodies, representing the interests of users or members of the public, can submit super-complaints about systemic online safety issues, thereby safeguarding the integrity and focus of the complaints process.

In addition to setting out eligibility criteria, this instrument also outlines 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.

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 its 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 will maximise 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.

A previous consultation ran from 16 November 2023 until 11 January 2024, and a separate policy response has been published. The responses we received were broadly in support of the proposals; however, we have made some notable changes based on feedback received to simplify the process and expand eligibility criteria— I am grateful to stakeholders for taking the time to share their thoughts and expertise, which have enabled us to make positive changes to the eligibility criteria and procedural matters. A full summary of changes is set out in the policy response, and includes:

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.

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.

The regulations will commence on 31 December 2025. Ofcom will produce guidance, which it will consult on later in the year, to support organisations on the process of submitting a super-complaint.

The impact of these regulations will be monitored as part of the broader review of the Act’s regulatory framework. The Secretary of State for Science, Innovation and Technology will carry out a review between two and five years after the full implementation of part 3 of the Act, ensuring that the regulations remain effective and relevant.

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