User-generated content (UGC) is any content created by users of your platform rather than by your business. This includes blog comments, product reviews, forum posts, profile descriptions, uploaded photos and videos, community discussions, testimonials, and social media embeds. If users can contribute content to your site, you are hosting UGC.

The legal landscape around UGC has become significantly more complex since 2024. The EU Digital Services Act (DSA) is now fully enforced, the UK Online Safety Act has entered its regulatory phase, and multiple US states have passed content moderation transparency laws. A proper UGC policy is no longer optional — it is a legal necessity.

Why You Need a User-Generated Content Policy

Without a UGC policy, your business faces several serious risks:

Legal liability for user content. If a user posts defamatory, infringing, or illegal content on your platform, you may be held liable if you do not have clear terms governing content removal and your responsibilities.
Copyright infringement claims. Users may upload copyrighted images, text, or media. Without a DMCA/takedown procedure and clear IP terms, you lose safe harbour protections.
Regulatory non-compliance. The EU DSA requires platforms hosting UGC to have transparent content moderation policies, notice-and-action mechanisms, and reporting procedures. The UK Online Safety Act has similar requirements.
Intellectual property disputes. Who owns the content users post? Can you use it in marketing? Can users delete it? Without clear terms, these questions become expensive legal battles.
Spam and abuse. A clear UGC policy gives you the legal basis to remove spam, abusive content, and bad actors from your platform without facing claims of censorship or breach of contract.

What a UGC Policy Must Cover

1. Content Ownership and Licensing

Your policy must clearly state who owns user-generated content and what rights your business has to use it. The standard approach is that users retain ownership but grant your platform a licence to display, distribute, and use the content as needed to operate the service.

Be specific about the licence scope:

Is it worldwide?
Is it royalty-free?
Can you sublicence it (e.g., to CDN providers)?
Can you use UGC in marketing or promotional materials?
Does the licence survive if the user deletes the content or their account?

2. Prohibited Content

Define what users are not allowed to post. At minimum, prohibit:

Illegal content (content that violates any applicable law)
Copyrighted material the user does not have rights to
Defamatory, libellous, or false statements
Hate speech, harassment, threats, or abuse
Sexually explicit content (unless your platform permits it)
Malware, phishing links, or other harmful technical content
Spam, advertising, or unsolicited promotions
Personal information of third parties without consent
Content that impersonates another person or entity

3. Content Moderation and Removal

Explain how your platform moderates content:

Is content reviewed before publication (pre-moderation) or after (post-moderation)?
Do you use automated moderation tools or AI content filters?
What happens when content is flagged — is it removed immediately or reviewed first?
Can users appeal content removal decisions?
How can users report problematic content?

The EU DSA specifically requires that moderation decisions be explained to affected users, that an appeals process exists, and that platforms report on moderation statistics. If you serve EU users, your policy must address these points.

4. DMCA / Copyright Takedown Procedure

If your platform is US-facing, you need a DMCA takedown procedure to maintain safe harbour under Section 512 of the US Copyright Act. This means:

Designating a DMCA agent (registered with the US Copyright Office)
Providing a clear process for copyright holders to submit takedown notices
Promptly removing or disabling access to infringing content
Notifying the user who posted the content
Providing a counter-notice procedure

5. User Responsibilities

Make clear that users are responsible for the content they post. They must warrant that:

They own or have the right to post the content
The content does not infringe any third-party rights
The content is accurate and not misleading
The content complies with all applicable laws
They accept responsibility for any consequences of their posts

6. Platform Disclaimer

Include a clear disclaimer that user-generated content does not represent the views of your business, that you do not endorse user content, and that you are not responsible for the accuracy, completeness, or legality of content posted by users.

7. Account Termination

Reserve the right to suspend or terminate accounts that repeatedly violate your content policy. Under the DMCA, you are required to have a “repeat infringer policy” to maintain safe harbour.

UGC Policy Template Clauses

Content Licence

“By posting content on [Platform Name], you retain ownership of your content but grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, display, reproduce, distribute, and modify your content for the purpose of operating and promoting our service. This licence continues until you delete the content from our platform, after which we will remove it within [30 days], except where copies have been shared by other users or are required for legal compliance.”

Prohibited Content

“You agree not to post content that is illegal, infringing, defamatory, abusive, threatening, harassing, obscene, fraudulent, or that violates the rights of any third party. We reserve the right to remove any content that violates this policy and to suspend or terminate accounts of users who repeatedly violate these terms.”

Content Moderation Disclosure

“We moderate user-generated content using a combination of automated tools and human review. Content that is reported by users or flagged by our automated systems is reviewed by our team within [X business days]. If your content is removed, you will receive a notification explaining the reason. You may appeal the decision by contacting us at [email].”

Disclaimer

“User-generated content on [Platform Name] represents the views and opinions of the individual users who post it, not the views of [Your Company]. We do not endorse, verify, or guarantee the accuracy of any user-generated content. We are not responsible for any loss or damage arising from your reliance on user-generated content.”

Regulations That Affect UGC Policies in 2026

EU Digital Services Act (DSA)

The DSA requires all platforms hosting UGC to have transparent content moderation policies, provide users with explanations of moderation decisions, offer an internal complaint mechanism, and publish transparency reports. Platforms must also designate a point of contact for authorities and users in each EU member state where they have significant activity.

UK Online Safety Act

The UK’s regime requires services with user-generated content to conduct risk assessments for illegal content and (for larger platforms) content harmful to children. Platforms must publish their content policies, explain how they enforce them, and provide accessible reporting mechanisms.

US State Laws

Several US states have enacted content moderation transparency laws requiring platforms to disclose their moderation policies, the criteria used for content removal, and the number of pieces of content removed. Florida and Texas both passed social media moderation laws that, while primarily targeting large platforms, have influenced industry-wide expectations for transparency.

Where to Put Your UGC Policy

Your UGC policy can be:

Part of your Terms of Service. Most websites include UGC terms within their main Terms of Service document. This is the most common approach for smaller sites.
A standalone Community Guidelines page. If your platform has significant community features (forums, comments, uploads), a separate Community Guidelines or Content Policy page is clearer for users.
Referenced in your Privacy Policy. Data collection aspects of UGC (how you process user content, data retention for posts) should be addressed in your privacy policy.

Ideally, you should have UGC terms in your Terms of Service, link to them from wherever users submit content, and cross-reference them in your privacy policy.

Generate Your Content Policy With LegalForge

Writing a UGC policy from scratch means navigating the DSA, DMCA, UK Online Safety Act, and multiple state laws — all of which have different requirements. Most template generators do not include UGC-specific clauses.

LegalForge generates Terms of Service that include comprehensive user-generated content clauses tailored to your platform. Tell us what types of UGC your site accepts, whether you use automated moderation, and which jurisdictions you serve — and we produce compliant terms covering the DSA, DMCA, UK Online Safety Act, and US state requirements. One-time payment, no subscription.

User-Generated Content Policy Template: What Your Website Needs in 2026