Appeal to Minister arising from Part 4 of The Online Criminal Harms Act 2023 (Designated Online Services)
Under section 25 of the Online Criminal Harms Act 2023 (“OCHA”), an appeal may be made to the Minister for Home Affairs against the following types of decision or requirement:
| S/N | Type of decision or requirement | Appellant |
| 1 | Decision to designate an online service as a designated online service under section 20(1) OCHA | The provider of the online service given a notice of that decision under section 20(2) OCHA |
| 2 | Decision to give a code application notice to a designated provider under section 22(1) OCHA | The designated provider given a code application notice |
| 3 | A requirement in a code of practice applicable to a designated provider issued under section 21(1) OCHA or varied under section 21(2) OCHA |
The designated provider |
| 4 | A requirement in an implementation directive given under section 24(1) or a substitute implementation directive given under section 24(5)(b) OCHA | The designated provider that is given the implementation directive or substitute implementation directive |
How to appeal
You must submit a Notice of Appeal in the requisite form.
Each decision or requirement being appealed against will require a separate Notice of Appeal.
The Notice of Appeal must be addressed to the “Appeals Secretary” and sent by email to OCHASecretary@mha.gov.sg. Please ensure that all entries in the Notice of Appeal are filled in before submitting it.
When to submit your Notice of Appeal
The Notice of Appeal must be submitted according to the following timelines:
| S/N | Type of Appeal |
Deadline for Appeal |
| 1 | Appeal against a decision to give a code application notice or a requirement in an implementation directive | 30 days from the date of service of the code application notice or the implementation directive, as the case may be |
| 2 | Appeal against a decision to designate an online service as a designated online service, or a requirement in a code of practice (or a variation thereof) |
30 days from the date the designation or requirement in the code or variation thereof (as the case may be) takes effect in respect of the appellant |