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The Online Criminal Harms Act (OCHA) was passed in Parliament in July 2023.

OCHA introduces measures to enable authorities to deal more effectively with online activities that are criminal in nature. These measures include:

 

Directions against specified criminal offences

The OCHA allows directions to be issued to online service providers, entities, or individuals, when there is reasonable suspicion that an online activity is in furtherance of the commission of an offence specified under the First Schedule of the Act.

The use of directions limits the reach of criminal online activities and prevents further exposure to the harm by Singapore users.

 

Proactive disruption of scams and malicious cyber activities

To counter the scale and speed of harm caused through scams and malicious cyber activities, the threshold for issuing directions is lower. Directions can be issued when there is suspicion or reason to believe that any online activity is being carried out in preparation for or as part of the commission of a scam or malicious cyber activity offence.

Tackling scams and malicious cyber activities also requires close collaboration between the authorities and online services. The Act provides a framework to strengthen partnership with online services to counter scams and malicious cyber activities. Under this framework, the Government can require designated online service providers to proactively disrupt scams and malicious cyber activities affecting people in Singapore. This and other requirements will be set out in the form of Codes of Practice which will be issued by a Competent Authority, who will be responsible for administering the Act. 

If a designated online service is found to be non-compliant with the Code(s) of Practice, the Competent Authority can issue a rectification notice to the service provider to correct the non-compliance within a specified timeframe.

If there continues to be a persistent risk of scams or malicious cyber activities on a designated online service despite the Codes of Practice, the Competent Authority may issue an implementation directive to the service provider to implement specific measures to reduce these risks.

 

Orders against non-compliance

Where there has been non-compliance with a direction, rectification notice, implementation directive, or another order, the Competent Authority can issue an Access Blocking Order, an App Removal Order, or a Service Restriction Order to restrict access to the non-compliant online service, or part of the service, to prevent the criminal activity and content from being accessed by persons in Singapore.

 

Appeal Mechanism

Recipients of a direction, the proprietors of an online location and the originators of the online activity targeted by the direction may apply to the designated officer for a reconsideration. For orders, the reconsideration of the Competent Authority may be sought.

Should the application for reconsideration be unsuccessful, the appellant may appeal to a Reviewing Tribunal for the direction or order to be cancelled. The Reviewing Tribunal comprises a District Judge or Magistrate appointed by the President, on the advice of the Cabinet.

A direction or order issued remains in effect while the appeal is ongoing, until it is cancelled or substituted (as the case may be).

Designated online service providers can appeal to the Minister for Home Affairs against decisions by the Competent Authority relating to the Codes of Practice and Directives.

Application for Reconsideration

Appeal to Reviewing Tribunal

 

INFORMATION ON OCHA 

MHA Press Release on Introduction of the Online Criminal Harms Bill

Second Reading of the Online Criminal Harms Bill – Opening Speech by Mrs Josephine Teo, Minister for Communications and Information & Second Minister for Home Affairs

Second Reading of the Online Criminal Harms Bill – Wrap-Up Speech by Mrs Josephine Teo, Minister for Communications and Information & Second Minister for Home Affairs

MHA Press Release on Commencement of the Online Criminal Harms Act (OCHA) on 1 February 2024

Online Criminal Harms Act

Online Criminal Harms (Reconsideration Application and Appeal Fee) Regulations 2024

Online Criminal Harms (Reviewing Tribunals) Rules 2024

Online Criminal Harms (Service) Regulations 2024

 

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