An Online Platform Refuses to Remove Abuse
You have reported abusive, harassing, or defamatory content to an online platform and they have refused to remove it or have not responded. This page explains your rights under the Online Safety Act 2023, the Ofcom complaints process, and your legal options.
Quick Answer
The Online Safety Act 2023 places enforceable duties on 'regulated user-to-user services' to protect users from illegal content and, for category 1 services, from legal but harmful content too. Ofcom is the regulator. You can complain to Ofcom after using the platform's own complaints process. Legal remedies (harassment, defamation, DPA) run in parallel.
Full Explanation
The Online Safety Act 2023 (OSA) received Royal Assent in October 2023 and is being brought into force in stages throughout 2024โ2026. It places a hierarchy of duties on providers of 'regulated user-to-user services' โ which includes most social media platforms, forums, and content-sharing sites with UK users.
Under the OSA, all regulated services must have systems to identify, remove, and minimise the risk of illegal content (including content that constitutes an offence under existing law โ harassment, stalking, malicious communications, intimate image abuse). Category 1 services (the largest platforms โ designated by Ofcom based on size and functionality) must additionally address legal but harmful content for adults. Platforms must have accessible complaints procedures that users can invoke.
Ofcom is the statutory regulator for online safety. From early 2025, users who are not satisfied with a platform's response to a complaint may escalate to Ofcom. Ofcom can investigate and, where platforms have failed in their duties, issue enforcement notices and fines of up to 10% of global turnover (or ยฃ18 million, whichever is higher).
In parallel with the OSA regime, criminal law provides remedies for abusive online content: the Communications Act 2003 s.127 (sending grossly offensive or indecent messages); the Malicious Communications Act 1988 s.1 (sending messages intended to cause distress or anxiety); the Protection from Harassment Act 1997 (a course of conduct causing harassment, alarm, or distress); and the Online Safety Act 2023 itself creates new offences including the sharing of intimate images without consent and the encouragement of self-harm.
For civil remedies, the Protection from Harassment Act 1997 s.3 allows a claim for damages and/or an injunction. The Defamation Act 2013 provides remedies for false factual statements. The Data Protection Act 2018 can be invoked where the content involves your personal data โ particularly private information.
Legal Basis
- ยงOnline Safety Act 2023, Part 3 โ Imposes illegal content duties and (for category 1 services) harmful content duties on regulated user-to-user services, with Ofcom as regulator.
- ยงCommunications Act 2003, s.127 โ Creates an offence of sending, via a public electronic communications network, a message that is grossly offensive, indecent, obscene, or menacing.
- ยงProtection from Harassment Act 1997, ss.1โ3 โ Creates the criminal offence of harassment and a civil cause of action for damages and/or injunctions against a course of conduct causing harassment.
What To Do
Use the Platform's Reporting and Appeals Mechanism
Before escalating, exhaust the platform's own reporting and appeals process โ this is a prerequisite for Ofcom complaints. Report the specific content using the platform's flagging tools, stating the precise legal basis (harassment, threatening communication, false information). Keep records of all reports and responses.
Send a Formal Takedown Request With Legal Basis
If automated reporting fails, send a written request to the platform's legal/trust-and-safety team specifying: the URL of the content, why it is unlawful (citing the specific legislation), the harm you are suffering, and a request for removal within 7 days. Include a preservation request โ ask them not to delete the data underlying the content (server logs, user identity details) as you may need it for legal proceedings.
Complain to Ofcom
If the platform does not respond satisfactorily and is a regulated service under the OSA, file a complaint with Ofcom after completing the platform's own complaints process. Ofcom's complaints portal is at ofcom.org.uk. Ofcom will assess whether the platform has complied with its duties under the OSA and may open a formal investigation.
Consider Civil or Criminal Remedies
Report criminal content (harassment, threats, intimate images) to the police. For harassment, report under the Protection from Harassment Act 1997 โ the police can arrest and the CPS can prosecute. Simultaneously, consult a solicitor about a civil injunction under PHA 1997 s.3. For defamatory content, the defamation litigation route requires a separate letter of claim and potential court proceedings.
Important Deadlines
Important Warnings
The Online Safety Act 2023 is being implemented in phases. Some duties (particularly the category 1 adult harm duties) may not yet be fully in force depending on when you are reading this โ check Ofcom's implementation timeline.
Obtaining the identity of an anonymous poster requires a court order (Norwich Pharmacal order). This takes time and costs money, but is often necessary before you can sue the individual author.
Do not engage with or respond to the abusive content online. Engagement can escalate the situation, and your responses may complicate any legal claim.
Frequently asked questions
- What duties do online platforms have under the Online Safety Act 2023?
- Under the Online Safety Act 2023, regulated user-to-user services must have systems to identify and remove illegal content. Category 1 services, which are the largest platforms designated by Ofcom, must also address legal but harmful content for adults. Ofcom is the statutory regulator and can issue enforcement notices and fines of up to 10% of global turnover or ยฃ18 million, whichever is higher, if platforms fail these duties.
- How do I complain to Ofcom if a platform refuses to remove abusive content?
- You can complain to Ofcom if you are not satisfied with a platform's response, but only after you have used the platform's own complaints process. This escalation is available from early 2025. Ofcom will assess whether the platform complied with its duties under the Online Safety Act 2023 and may open a formal investigation if it finds the platform has failed in its obligations.
- What should I do before complaining to Ofcom?
- Before escalating to Ofcom, you must exhaust the platform's own reporting and appeals process. You should report the specific content using their flagging tools, stating the precise legal basis for your complaint, such as harassment or threatening communication. It is important to keep records of all reports and responses, as this is a prerequisite for filing a complaint with the regulator.
- What legal options do I have if the platform does not act?
- Civil remedies include claims for damages or injunctions under the Protection from Harassment Act 1997, and actions for defamation under the Defamation Act 2013. Criminal remedies include reporting offences under the Communications Act 2003, the Malicious Communications Act 1988, or the Protection from Harassment Act 1997 to the police. The Online Safety Act 2023 also creates specific offences for sharing intimate images without consent.
- How should I send a formal takedown request to a platform?
- You must send a written request to the platform's legal or trust-and-safety team specifying the content URL, the legal basis for removal, and the harm suffered. You should request removal within seven days and include a preservation request asking them not to delete underlying data, such as server logs or user identity details, which may be necessary for future legal proceedings.
- Can I sue the person who posted the abusive content?
- Yes, you can sue the individual author, but obtaining their identity from an anonymous poster requires a court order, known as a Norwich Pharmacal order. This process takes time and costs money. Additionally, you must be aware of limitation periods: you have six years to issue a harassment claim and one year for a defamation claim.