Singapore’s Online Criminal Harms Bill

The question

What is the current shape of Singapore's Online Criminal Harms Bill?

The key takeaway

The Online Criminal Harms Bill (the Bill) looks set to grant the Singaporean Government a wide range of new powers against providers of online and internet services in an attempt to prevent online criminal activity and malicious cyber activities.

The background

According to the Singaporean Ministry of Home Affairs (MHA), the prevalence of online crime, scams and malicious activity has increased considerably in recent years. The MHA has reported that these online crimes include child sexual exploitation and the sale of drugs over chat apps, and that online scams led to over S$600m (c. £355m) being lost in 2022.

To combat these and a variety of other online activities, the Singaporean Government has begun to introduce a 'suite' of legislation. Previously introduced pieces of legislation in this suite include the Online Falsehoods and Manipulation Act, the Foreign Interference (Countermeasures) Act, and (recent amendments to) the Broadcasting Act. The Singaporean Government is now in the process of introducing the next piece of legislation, the Bill, which had its Second Reading in the Singaporean Parliament on 5 July 2023.

The development

The Bill as it currently stands has set a lower threshold for the Government to be able to issue 'Directions' for "scam or malicious cyber activity offences" (i.e. scam activities) than it has for "specified offences" (i.e. criminal activities), though it should be noted that some scam activities are effectively also treated as criminal activities under the Bill.

Examples given by the MHA of criminal activities include offences relating to terrorism, racial harmony, violence, drugs, sexual offences and others, including scams and malicious cyber activities. Examples of scam activities include loan and phishing scams.

The Government will have the power to issue any of the following 'Directions' where, for criminal offences, there is a "reasonable suspicion that an online activity is being carried out to commit a crime" (emphasis added) and, for scam activities, when it is "suspected that any website, online account, or online activity may be used for scams or malicious cyber activities" (emphasis added):

• 'Stop Communication' (requirement to stop communicating specified online content to people in Singapore)
• 'Disabling' (requirement for online service providers to disable specified content from the view of people in Singapore)
• 'Account Restriction' (requirement for online service providers to stop an account using their service from interacting or communicating with people in Singapore)
• 'Access Blocking' (requirement for internet service providers to block a website from the view of people in Singapore)
• 'App Removal' (requirement for app stores to remove an app from its Singapore storefront)

Why is this important?

Social media websites, internet service providers, app stores and more will fall within the scope of the Bill, meaning its effects are likely to be felt across much of Singapore's digital footprint.

The Bill grants the Singaporean Government a wide range of powers to stop what it deems to be inappropriate online behaviour. Such powers range from ordering that certain content no longer be communicated, through to the complete blocking of access to websites through an internet service provider, and the removal of an app from an app store. The broad wording of "when there is reasonable suspicion", and even broader wording of where it is "suspected" that a site "may be used" for scams, that is used to justify the issuing of Directions means that appeals against such orders are likely to have a high hurdle to overcome.

Any practical tips?

While the Bill must still go through a Third Reading before it becomes law, those who are likely to be caught by the legislation should begin to put the necessary measures in place to ensure that, when the Online Criminal Harms Act 2023 takes effect, they are not on the receiving end of a Direction from the Singaporean Government. Such measures include steps to prevent users from communicating illegal or malicious content, removing non-compliant apps from app stores and blocking access to non-compliant websites on internet services.

Summer 2023