Online Criminal Harms Act 2023

REPUBLIC OF SINGAPORE GOVERNMENT GAZETTE ACTS SUPPLEMENT Published by Authority NO. 26] Friday, August 11 [2023 The following Act was passed by Parliament on 5 July 2023 and assented to by the President on 24 July 2023:— Online Criminal Harms Act 2023 (No. 24 of 2023) I assent. HALIMAH YACOB, President. 24 July 2023. Date of Commencement: 1 February 2024 Parts 1, 2, 3 and 6 to 10, sections 50 and 52 to 60 and the First Schedule Date of Commencement: 24 June 2024 Parts 4 and 5 and section 51 and the Second and Third Schedules An Act to counter online criminal activity and protect against online harms, and for connected purposes. Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows: PART 1 PRELIMINARY Short title and commencement 1. This Act is the Online Criminal Harms Act 2023 and comes into operation on a date that the Minister appoints by notification in the Gazette. Interpretation 2.—(1) In this Act — “access”, in relation to any online activity, online material, online location or online service, includes — (a) access that is subject to a precondition, such as the use of a password; (b) access by way of push technology; (c) access by way of a standing request; and (d) access for a limited time only; “access blocking direction” means a direction described in section 10; “access blocking order” means an order described in section 29; “account” includes — (a) a free account; (b) a prepaid account; and (c) anything that may reasonably be regarded as the equivalent of an account; “account restriction direction” means a direction described in section 11; “app” includes a computer program; “app distribution service” means an online service that enables the distribution or download of an app; “app removal direction” means a direction described in section 12; “app removal order” means an order described in section 30; “authorised officer” means an authorised officer appointed under section 4; “chosen means of identification”, in relation to the recipient of an access blocking direction or access blocking order, means any electronic means nominated by the recipient as the means by which any relevant material or relevant location, access to which is to be disabled in compliance with that direction or order, may, from time to time, be identified, and the identity thereof transmitted to the recipient, after that direction or order has been served on the recipient; “code application notice” means a notice given under section 22(1); “code of practice” or “code” means a code of practice issued under section 21(1), and includes a code of practice varied under section 21(2) or 26(7); “competent authority” means the competent authority appointed under section 3; “designated officer” means a designated officer appointed under section 4; “designated online service” means an online service designated to be a designated online service under section 20(1); “designated provider” means the provider of a designated online service; “designated provider’s service” means the designated online service of a designated provider; “disabling direction” means a direction described in section 9; “entity” means — (a) a body corporate (including a limited liability partnership); (b) an unincorporated association; (c) a partnership; (d) a body politic; (e) a body of individuals who together form a body; or (f) a person other than an individual; “functionality”, in relation to an online service, includes any features of the online service prescribed by regulations; “implementation directive” or “directive” means a directive to implement any system, process or measure made under section 24; “internet access service” means a telecommunication service between a point in Singapore and another point in Singapore or between 2 points, one of which is in Singapore, that enables access to online activity by means of the internet, but excludes any telecommunication service excluded by regulations; Illustrations Service of an Internet Access Service Provider licensed under the Telecommunications Act 1999. Internet reseller service, localised or non‑localised. “material” means information or material in any form, such as (but not limited to) — (a) oral, written, electronic or digital form; and (b) audio, visual, pictorial or graphic form (for example, an anthropomorphic or humanlike depiction), and includes information or material in any combination of forms; “non-compliant online service” means an online service of an online service provider who did not comply with a Part 2 direction, a rectification notice, an implementation directive or a Part 6 order, in relation to that online service or any online activity, online material, online account, app, online service or online location that can be accessed on or through that online service; “offence group” means the offences specified in a Part of the Second Schedule; “online account” means an account on an online service; “online activity” means any activity conducted by means of the internet, and regulations may clarify the types of activities that are online activities; “online location” means any internet domain, website, webpage, chatroom, channel, group, forum or any other location, that can be accessed by means of the internet; “online material” means material (including any computer program, machine code and internet link) that can be accessed at an online location by means of the internet; “online service” means the whole or any part of any service on or through which online activity can be conducted and which can be accessed by means of the internet, and regulations may clarify the types of services that are online services; “online service provider” means the provider of an online service; “originator”, in relation to relevant material, means the person who posted the relevant material, and excludes any other person who reposts identical copies of the relevant material so posted; “owner”, for an app that is distributed or available for download by means of an app distribution service, means a person that caused the app to be distributed or available for download by means of the app distribution service; “Part 2 direction” means any of the following directions: (a) an access blocking direction; (b) an account restriction direction; (c) an app removal direction; (d) a disabling direction; (e) a stop communication direction; “Part 6 order” means any of the following orders: (a) an access blocking order; (b) an app removal order; (c) a service restriction order; “partnership” includes a limited partnership but not a limited liability partnership; “person” includes an individual and an entity; “proprietor” — (a) for an online location, means a person who — (i) develops and maintains the online location; (ii) organises, manages or supervises the use of the online location; (iii) manages or regulates membership of, or access to, the online location; or (iv) has the authority to decide whether any material may be included or excluded on the online location, or where to place the material on the online location or otherwise exercise editorial control over the online location; and (b) for an online account, means a person who has control of the account; “public authority” means a body established or constituted by or under a public Act to perform or discharge a public function; “recipient”, in relation to a Part 2 direction, means a person who is given the Part 2 direction in accordance with section 7; “rectification notice” means a notice to rectify any non‑compliance with a code of practice made under section 23; “regulations” means regulations made under section 60; “related offence group”, in relation to a designated online service designated as such in relation to an offence group, means that offence group; “relevant account”, in relation to a notice, direction or order under this Act, means an online account identified in the notice, direction or order; “relevant app”, in relation to a notice, direction or order under this Act, means an app identified in the notice, direction or order; “relevant location”, in relation to a notice, direction or order under this Act, means an online location identified — (a) in the notice, direction or order; or (b) by the chosen means of identification; “relevant material”, in relation to a notice, direction or order under this Act, means online material identified — (a) in the notice, direction or order; or (b) by the chosen means of identification; “relevant service”, in relation to a notice, direction or order under this Act, means an online service identified in the notice, direction or order; “Reviewing Tribunal” means a body established by section 38; “scam or malicious cyber activity offence” means an offence specified in Part 2 of the First Schedule; “service restriction order” means an order described in section 31; “Singapore end-user”, in relation to a designated online service, means a Singapore person who, whether or not in the course of business — (a) has access to any online activity; or (b) can conduct online activity, on or through the designated online service; “Singapore person” means — (a) an individual physically present in Singapore; or (b) an entity which — (i) is incorporated under any written law; or (ii) is formed or constituted under a law of a foreign country or territory but registered under any written law; “specified offence” means an offence specified in Part 1 of the First Schedule; “stop communication direction” means a direction described in section 8; “telecommunication service” has the meaning given by section 2 of the Telecommunications Act 1999. (2) In this Act, a reference to a notice, a direction, a directive or an order under this Act includes a reference to the notice, direction, directive or order (as the case may be) as varied or substituted under this Act. Competent authority 3.—(1) The Minister may appoint — (a) a public officer from a Ministry or department of the Government; or (b) an employee of a public authority, under the charge of the Minister to be the competent authority. (2) Subject to any general or special directions of the Minister, the competent authority is responsible for the administration of this Act, and may perform such duties as are imposed, and may exercise such powers as are conferred, on the competent authority by this Act. (3) The Minister may from time to time give the competent authority directions of a general character, and not inconsistent with the provisions of this Act, as to the exercise of the powers and discretions conferred on the competent authority, and the duties imposed on the competent authority, by this Act; and the competent authority must give effect to those directions. Designated officers and authorised officers 4.—(1) The Minister may appoint any of the following as a designated officer or an authorised officer or both: (a) a public officer from any Ministry or department of the Government; (b) an employee of a public authority. (2) The appointment under subsection (1) of — (a) a public officer from a Ministry or department of the Government; or (b) an employee of a public authority, under the charge of another Minister is to be made in consultation with the other Minister. (3) Every designated officer or authorised officer appointed under subsection (1)(b) is deemed to be a public servant for the purpose of the Penal Code 1871. (4) A reference in subsection (1) or (2) to a public officer from a Ministry or department of the Government or an employee of a public authority includes a public officer from another Ministry or department or an employee of another public authority performing duties in the firstmentioned Ministry, department or public authority (as the case may be) under a secondment arrangement making available temporarily to that firstmentioned Ministry, department or public authority the services of the public officer or employee. (5) The powers of a designated officer under this Act are to be exercised subject to any directions given, and any conditions and limitations specified, by the head of the Ministry, department or public authority in which the designated officer is serving, or any other person authorised by the head to give those directions or specify the conditions and limitations. Delegation by competent authority 5.—(1) The competent authority may delegate the exercise of all or any of the powers or duties of the competent authority under any provision of this Act or the regulations (except the power of delegation conferred by this section) to one or more authorised officers, and any reference in a provision of this Act or the regulations to the competent authority includes a reference to an authorised officer to whom the powers or duties under that provision have been delegated. (2) Any delegation under subsection (1) may be general or in a particular case and may be subject to such conditions or limitations as set out in this Act or as the competent authority may specify. (3) The competent authority may give an authorised officer directions of a general character, and not inconsistent with the provisions of this Act, as to the exercise of the powers and duties delegated to the authorised officer under this Act; and the authorised officer must give effect to those directions.