Regulation 4 Information to be included in a super-complaint

(1)

A complaint must—

(a)

be in writing,

(b)

provide the name and email address of an individual representing the entity who may be contacted by OFCOM about the complaint and where the complaint is submitted jointly by more than one entity this individual must represent the lead entity (see regulation 3(1)(d)),

(c)

set out the feature of one or more regulated services, or the conduct of one or more providers^f1 of such services, or the combination of such features and such conduct, to which the complaint relates,

(d)

set out the regulated services or providers of such services to which the complaint relates,

(e)

set out which of the grounds in section 169(1)(a), (b) or (c) of the 2023 Act the complaint relates to,

(f)

be accompanied by evidence and explain how that evidence supports the entity’s view that one of the grounds in section 169(1)(a), (b) or (c) of the 2023 Act is met,

(g)

provide sufficient information for OFCOM to—

(i)

be able to verify that any claims made about the evidence in the complaint are accurate, including the source of the evidence and any specific findings quoted in the complaint,

(ii)

be able to evaluate and interpret that evidence for themselves, and

(iii)

be satisfied that the evidence referred to in sub-paragraph (f) is—

(aa)

relevant to the complaint,

(bb)

current, and

(cc)

objective, and

(h)

where the complaint relates to a single regulated service or a single provider of one or more regulated services, explain—

(i)

why the complaint is of particular importance, or

(ii)

how the complaint relates to the impacts on a particularly large number of users of the service or members of the public.

(2)

Where a complaint, or part of a complaint, merely repeats the substance of another complaint that has been considered by OFCOM and the circumstances described in regulation 5(2)(c)(i) and (ii) apply, the complaint must set out why the entity considers that there has been the material change of circumstances referred to in regulation 5(2)(c).

(3)

Where an entity is requesting that OFCOM apply regulation 10(2) (where an eligible entity wants OFCOM to consider complaint D instead of complaint C), complaint D must be accompanied by the statement referred to in regulation 10(2)(b).

Annotations

Footnotes

f1: “Provider” is defined in section 226 of the Online Safety Act 2023.