Introduction to OCHA
The Online Criminal Harms Act (OCHA) was passed in Parliament in July 2023.
The Act enables the authorities to deal more effectively with online activities that are criminal in nature. It is part of the suite of legislation to better protect the public in Singapore from various harms in the online space.
Directions against specified criminal offences
The OCHA allows directions to be issued to online service providers, other 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.
To counter the scale and speed of harm caused through scams and malicious cyber activities, the threshold for issuing directions is lower. An OCHA direction can be issued when a designated officer suspects or has reason to believe that any online activity is preparatory to, or in furtherance of, the commission of a scam or malicious cyber activity offence.
Codes of Practice and Implementation Directives
The OCHA also allows the Competent Authority, who is responsible to administer the Act, to issue Codes of Practice to require providers of designated online services to put in place systems, processes, or measures to counter the commission of offences specified in the Second Schedule. The requirements set out in the Codes of Practice are framed in terms of outcomes to give providers flexibility to customise their approach.
If a designated online service is found to be non-compliant with any parts of the Code of Practice that is applicable to it, the Competent Authority can issue a rectification notice to the service provider to correct the non-compliance within a specified timeframe.
In addition, the Competent Authority may also issue an Implementation Directive to the provider of a designated online service to put in place any system, process, or measure, if it is satisfied that this is necessary or expedient to address a relevant offence under the Second Schedule. For instance, if there continues to be a persistent risk of scams on the designated online service despite the Codes of Practice, the Competent Authority may issue an Implementation Directive to the service to implement specific measures to reduce this risk.
Codes of Practice & Designated Online Services
Orders against non-compliance
Where there has been non-compliance with a direction, rectification notice, an 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, proprietors of an online location and 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 reconsideration be unsuccessful, the appellant may appeal to a Reviewing Tribunal for the direction or order to be cancelled. The Reviewing Tribunal will comprise 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.
Resources on OCHA
MHA Press Release on Introduction of the Online Criminal Harms Bill
MHA Press Release on Commencement of the Online Criminal Harms Act (OCHA) on 1 February 2024
Online Criminal Harms (Reconsideration Application and Appeal Fee) Regulations 2024
Online Criminal Harms (Reviewing Tribunals) Rules 2024
Online Criminal Harms (Service) Regulations 2024
Online Criminal Harms (Appeal to Minister) Regulations 2024