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ARTICLE · 20 OCTOBER 2026

How Can A Regulated Provider Challenge A Decision Taken By Ofcom Under The Online Safety Act?

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

Herbert Smith Freehills Kramer LLP

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Understanding the mechanisms for challenging Ofcom's decisions under the Online Safety Act is crucial for regulated providers navigating this complex new regime. This guide explores the public law principles that govern potential challenges, from judicial review claims to Upper Tribunal appeals, and examines what enforcement actions can be contested and on what grounds.

United KingdomLitigation, Mediation & Arbitration
Nusrat Zar
Nusrat Zar
James Wood
James Wood
Jasveer Randhawa
Jasveer Randhawa
Hannah Lau
Hannah Lau
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A version of this article was first published on 2 April 2025.

The process for implementing the Online Safety Act (OSA) has been lengthy and complex. Services potentially within the scope of the OSA may have already raised concerns with Ofcom at various junctures – such as when responding to a consultation or at specific opportunities to engage with the regulator. Whilst this is useful to address any concerns upfront and mitigate issues later down the line, it is essential for regulated providers (and those service providers who may be deemed to be in scope) to understand the options for challenging decisions or enforcement action taken by Ofcom.

At the heart of this are public law principles which (i) underpin how Ofcom should act and take decisions, and (ii) govern the grounds for any potential challenge.

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