Source · Select Committees · Public Accounts Committee
Recommendation 10
10
Rejected
Ofcom lacks powers and resources to address individual online content complaints effectively.
Conclusion
Ofcom itself is only required to consider complaints from organisations about systemic issues arising from a service provider and impacting on online safety. It has no specific powers to take action, or compel regulated service providers to take action, on individual pieces of content or to get providers to offer redress to individual users on a case-by-case basis.16 Ofcom explained that the scale of potentially harmful, online material would make it impossible for it to respond to individual complaints and it must, 8 Q 9 9 Q 42; C&AG’s Report, para 1.12 10 C&AG’s Report, para 3 11 Q 4; C&AG’s Report, para 1.8 12 C&AG’s Report, para 1.8, figure 4 13 Qq 4, 6 14 C&AG’s Report, para 1.16 15 Q 26 16 Q 26; C&AG’s Report, para 1.16 10 Preparedness for online safety regulation instead, rely on service providers to have appropriate systems and processes to take action on complaints. It told us that Facebook alone moderates hundreds of thousands of items every hour.17
Government Response Summary
The government explicitly disagrees, stating Ofcom is not empowered to adjudicate individual complaints, which are the responsibility of service providers. Ofcom will analyze complaints for trends, acknowledge them, and direct users to support, while super-complaints will be considered from eligible entities.
Government Response
Rejected
HM Government
Rejected
2.1 The government disagrees with the Committee’s recommendation. 2.2 Ofcom agrees it is important for users to see improvements to their online experiences. Regulated services will be required to operate easy-to-use, accessible and transparent complaints procedures; Ofcom holds enforcement powers to bring them into compliance. The Act does not empower Ofcom to adjudicate on individual complaints; these should be directed to the provider itself, which is best placed to resolve issues. 2.3 Ofcom recognises the importance of gathering information about users’ experiences. Ofcom’s online form allows users to report where they feel a service provider has failed to properly address their concerns. Ofcom will analyse complaints for trends that may require further action such as additional research, engagement with services, or consumer campaigns. Ofcom’s enforcement decisions will usually note where they have been informed by user complaints. User complaints to Ofcom will be acknowledged and they will be directed to sources of support. 2.4 Eligible entities representing the interests of users and members of the public will be able to bring super-complaints to Ofcom about concerns that services’ features or conduct present a risk of harm to users. The government will specify, in regulations, criteria for eligible entities, and Ofcom will issue guidance on how it will handle super-complaints. 2.5 The Act requires Ofcom to undertake a report on services’ reporting and complaints procedures. Following this, the Secretary of State may impose, through regulations, a duty on Category 1 services to arrange and engage in an impartial, out-of-court, alternative dispute resolution procedure.