Ofcom has published guidance on super-complaints under the Online Safety Act 2023 (OSA), following a consultation at the end of last year (on which we commented here).

Super-complaints are a mechanism introduced by the OSA which allow eligible organisations to raise concerns with Ofcom about particular types of harm occurring on regulated services. The guidance provides further detail on who may submit a super-complaint, the types of matters that may be raised, the procedure for making a complaint, and the steps Ofcom will take in response.

As to eligibility, the OSA limits super-complaints to bodies that represent the interests of users of regulated services or members of the public. The guidance explains that this would typically mean civil society organisations, research bodies, and charities working in online safety. It also elaborates on the criteria for eligibility set out in the OSA (such as acting independently from regulated services and contributing significantly to public discussions about online safety matters) so that organisations can determine whether they qualify.

Even if an organisation qualifies, it must ensure that the super-complaint relates to matters that (a) risk causing serious harm, (b) significantly affect people’s right to free expression, or (c) otherwise have a significant adverse impact on UK users or members of the public. Generally, the complaint should concern more than one regulated service or service provider, and relate either to features of the regulated services that give rise to such risks, to the conduct of the organisations operating them, or both.

Then there are procedural requirements, which are explained in detail in the guidance. It sets out the form that a super-complaint should take, the information and evidence that should be included, and how to handle submissions containing distressing material. Helpfully, a template submission form is also provided.

Finally, the guidance explains Ofcom’s role in the process after receiving a super-complaint. Broadly speaking, after acknowledging receipt and confirming both that the organisation is eligible and the subject matter complained about meets the criteria of a super-complaint, Ofcom will investigate the matter – gathering information from the regulated service(s) where necessary – and publish its response within 90 days of determining that the complainant is eligible.

To read the guidance in full, click here.