Ofcom’s new super-complaints regime under the Online Safety Act enters force

On 1 January 2026, the new regime that allows organisations to make super-complaints to Ofcom under the OSA entered into force.

This follows Ofcom publishing draft guidance and a consultation on the topic in September 2025, which was preceded by a consultation by the Department for Science, Innovation & Technology in November 2023. The new regime is governed by the Online Safety Super-Complaints (Eligibility and Procedural Matters) Regulations 2025 (the “Super-Complaints Regulations 2025”) and Chapter 2 of Part 8 of the OSA.

Super-complaints are a broadly familiar concept, with super-complaints procedures being available for regulators in other sectors such as the Financial Conduct Authority and Payments System Regulator.

What is a super-complaint?

A super-complaint allows eligible organisations to bring to Ofcom’s attention a material risk of significant online harm or adverse impact on the right to freedom of expression, associated with the features or conduct of regulated online services.

Once a super-complaint is made, Ofcom has 30 days to consider whether the organisation is eligible to make super-complaint. This timeframe is reduced to 15 days if the organisation was previously deemed eligible.

If the organisation is eligible, and if its complaint meets the admissibility requirements (which prescribe the content and form required of a complaint), Ofcom must consider the complaint and send a response within 90 days, unless it requires further information.

Who can make a super-complaint?

Only organisations can make super-complaints, not individuals. Whether or not an organisation is eligible to make a super-complaint is determined by reference to the criteria in regulation 2 of the Super-Complaints Regulations 2025. There is no set list of eligible organisations. In summary, in order to be able to make a super-complaint, an organisation must demonstrate that it:

• represents people in the UK - this can the general public or a specific group of people, not just those using regulated online services;
• can be relied on to act independently from regulated online services;
• makes routine, expert, and significant contributions to public discussions about any aspect of online safety matters; and
• can be relied on to have regard to Ofcom’s guidance about making super-complaints.

How can super-complaints be made?

Prior to making a super-complaint, a potential complainant should complete Ofcom’s expression of interest form.

To be admissible, a super-complaint must satisfy various criteria set out in regulation 4 of Super-Complaints Regulations 2025. In summary, the complaint must:

• be in writing;
• provide the name and contact details of the individual representing the organisation making the super-complaint;
• set out the feature or conduct of the regulated service being complained about, as well as identifying the regulated services or service providers in question;
• 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, or (iv) a combination of (i) to (iii);
• be accompanied by supporting evidence;
• provide sufficient information for Ofcom to: (i) verify the accuracy of any claims made about the evidence, (ii) evaluate and interpret the evidence; and (iii) be satisfied that the evidence is relevant, current, and objective; and
• explain why the complaint is of particular importance or that it relates to the impact on a large number of users or members of the public, if the super-complaint relates to a single regulated service or a single provider.

Final guidance on making super-complaints is due to be published in February 2026. In the interim, Ofcom’s draft guidance can be found here.

What will the impact be?

The new super-complaints regime provides a streamlined process for complaint submissions by representative organisations, as a means of bringing significant online safety issues to Ofcom’s attention. It may also lead to a greater amount of scrutiny and enforcement action, as Ofcom is obliged to consider eligible super-complaints in a short timeframe.