Online Criminal Harms Act 2023

Sections (60)

Click a section to view its full text and cited judgments.

• § 1 — 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.

• § 10 — Access blocking direction — content

  10. An access blocking direction is a direction requiring the recipient to take all reasonable steps to disable access by Singapore persons by means of the recipient’s internet access service to any relevant material or relevant location, by the time specified in the direction.

• § 11 — Account restriction direction — content

  11.—(1) An account restriction direction is a direction requiring the recipient to take all reasonable steps to disallow or restrict interaction between any relevant account on the recipient’s online service and Singapore persons, by the time specified in the direction.(2) Reasonable steps may inclu

• § 12 — App removal direction — content

  12. An app removal direction is a direction requiring the recipient to take all reasonable steps to stop distributing a relevant app to Singapore persons and stop enabling Singapore persons to download a relevant app, by means of the recipient’s app distribution service, by the time specified in the

• § 13 — Part 2 direction — supplementary provisions

  13.—(1) A Part 2 direction may be given to a person either individually or as a class.(2) A Part 2 direction is binding on —(a) the recipient; and (b) if applicable, the personal representatives, successors and assignees of the recipient to the same extent as it applies to the recipient. (3) It is

• § 14 — Part 2 direction — self-initiated cancellation or substitution

  14.—(1) A designated officer may at any time, on his or her own initiative —(a) cancel a Part 2 direction; or (b) substitute a Part 2 direction with another Part 2 direction. (2) Where a Part 2 direction is cancelled under subsection (1)(a), written notice of the cancellation must be given to ever

• § 15 — Part 2 direction — appellants

  15. The persons who may apply for reconsideration of, or appeal against, each type of Part 2 direction are listed in the table below:Type of Part 2 direction Appellant 1. Stop communication direction The recipient. 2. Disabling direction (a) The recipient. (b) The proprietor of the relevant lo

• § 16 — Part 2 direction — application for reconsideration

  16.—(1) An appellant may apply for reconsideration by a designated officer of a Part 2 direction.(2) An application under subsection (1) must be made —(a) in a prescribed manner; and (b) not later than 30 days after being given the Part 2 direction. (3) An application for reconsideration does not

• § 17 — Part 2 direction — reconsideration

  17.—(1) A designated officer must, within a reasonable time after receipt of any application to reconsider a Part 2 direction under section 16 —(a) affirm the Part 2 direction; (b) cancel the Part 2 direction; or (c) substitute the Part 2 direction with another Part 2 direction. (2) The designate

• § 18 — Appeal by appellant

  18.—(1) An appellant who receives notice under section 17(2) of the decision to affirm or substitute the Part 2 direction concerned may, on payment of such fee as may be prescribed, appeal against the Part 2 direction to a Reviewing Tribunal in accordance with Part 8.(2) An appeal under subsection (

• § 19 — Part 4 — general

  19.—(1) The purpose of this Part is to counter the commission of offences specified in the Second Schedule by —(a) promoting or requiring good practices by a designated provider against the commission of offences within a related offence group of its designated online service; and (b) requiring a d

• § 2 — 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) acces

• § 20 — Designated online service and related offence group

  20.—(1) The competent authority may designate an online service of an online service provider as a designated online service in relation to one or more offence groups, if the competent authority is satisfied that —(a) the online service is or is likely to be used in the facilitation or commission of

• § 21 — Codes of practice — issue by competent authority

  21.—(1) The competent authority may, for the purpose mentioned in section 19, issue one or more codes of practice applicable to —(a) any type of online service in relation to any offence group; or (b) a particular designated provider’s service in relation to any related offence group of that servic

• § 22 — Code application notice

  22.—(1) The competent authority may give notice to a designated provider that a code of practice applies to the designated provider’s service only if —(a) the code of practice is one that is specifically applicable to the designated provider’s service in relation to any related offence group of that

• § 23 — Rectification notice

  23.—(1) If, whether upon a review of a report given pursuant to a code of practice or otherwise, the competent authority is of the opinion that a designated provider has not complied with any part of a code of practice that applies to the designated provider’s service, the competent authority may gi

• § 24 — Implementation directive

  24.—(1) The competent authority may give a designated provider a directive to implement any system, process or measure, within the permitted time, if the competent authority is satisfied that the system, process or measure is necessary or expedient for the furtherance of the purpose in section 19.(2

• § 25 — Appeal to Minister — appellants

  25. The persons who may appeal against each type of decision or requirement under Part 4 are listed in the table below:Type of decision or requirement Appellant 1. Decision to designate an online service as a designated online service under section 20(1) The provider of the online service given a

• § 26 — Appeal to Minister

  26.—(1) An appellant may appeal to the Minister against a decision or requirement mentioned in section 25 in the manner prescribed.(2) An appeal under subsection (1) must be made not later than 30 days after —(a) if the appeal is against a decision to give a code application notice or a requirement

• § 27 — Appeals Advisory Committee

  27.—(1) The Minister may appoint an Appeals Advisory Committee comprising one or more individuals with suitable experience to provide advice to the Minister with regard to an appeal under section 26.(2) Before determining an appeal under section 26(7), the Minister may consult the Appeals Advisory C

• § 28 — Part 6 order — general

  28.—(1) The competent authority may give a Part 6 order if any person has not complied with a requirement of a Part 2 direction, a rectification notice, an implementation directive or a Part 6 order.(2) A Part 6 order may be given to —(a) any individual whether or not a resident or citizen of Singap

• § 29 — Access blocking order — content

  29.—(1) An access blocking order is an order requiring the provider of an internet access service to take all reasonable steps to disable access by Singapore persons to the relevant location by means of that internet access service, by the time specified in the access blocking order.(2) The relevant

• § 3 — 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 authorit

• § 30 — App removal order — content

  30.—(1) An app removal order is an order requiring the provider of an app distribution service to stop distributing a relevant app to Singapore persons and stop enabling Singapore persons to download a relevant app by means of that service, by the time specified in the app removal order.(2) The rele

• § 31 — Service restriction order

  31. A service restriction order is an order requiring the provider of a non‑compliant online service specified in the order to take all reasonable steps to suspend or stop the supply or provision of that online service or part of that online service to Singapore persons, by the time specified in the

• § 32 — Part 6 order — supplementary provisions

  32.—(1) The competent authority may give a Part 6 order to a person individually or as a class.(2) A Part 6 order is binding on —(a) the person to whom it is addressed; and (b) if applicable, the personal representatives, successors and assignees of the person to whom it is addressed to the same ex

• § 33 — Part 6 order — self-initiated cancellation or substitution

  33.—(1) The competent authority may at any time, on the competent authority’s own initiative —(a) cancel a Part 6 order; or (b) substitute a Part 6 order with another Part 6 order. (2) Where a Part 6 order is cancelled under subsection (1), the competent authority must give written notice of the c

• § 34 — Part 6 order — appellants

  34. The persons who may apply for reconsideration of, or appeal against, each type of Part 6 order are listed in the table below:Type of Part 6 order Appellant 1. Access blocking order (a) The provider of an internet access service that was given the order. (b) The proprietor of the relevant loc

• § 35 — Part 6 order — application for reconsideration

  35.—(1) An appellant may apply to the competent authority for reconsideration of a Part 6 order.(2) An application under subsection (1) must be made —(a) in a prescribed manner; and (b) not later than 30 days after being given the Part 6 order. (3) An application for reconsideration does not affec

• § 36 — Part 6 order — reconsideration

  36.—(1) The competent authority must, within a reasonable time after receipt of any application to reconsider a Part 6 order under section 35 —(a) affirm the Part 6 order; (b) cancel the Part 6 order; or (c) substitute the Part 6 order with another Part 6 order. (2) The competent authority must g

• § 37 — Appeal by appellant

  37.—(1) An appellant who receives notice under section 36(2) of the decision to affirm or substitute the Part 6 order concerned may, on payment of such fee as may be prescribed, appeal against the Part 6 order to a Reviewing Tribunal in accordance with Part 8.(2) An appeal under subsection (1) does

• § 38 — Reviewing Tribunals — composition

  38.—(1) One or more bodies each called a Reviewing Tribunal are established by this section.(2) Every Reviewing Tribunal consists of a District Judge or Magistrate (called in this Part the member) appointed by the President on the advice of the Cabinet, subject to subsection (3). (3) An individual

• § 39 — Reviewing Tribunal — remuneration and other terms

  39.—(1) The Minister may pay to the member out of moneys provided by Parliament such remuneration or allowances as the Minister may, with the approval of the President, fix.(2) The remuneration and other terms of service of the member must not be altered to his or her disadvantage during his or her

• § 4 — 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 Mini

• § 40 — Reviewing Tribunal — resources

  40.—(1) All expenses of every Reviewing Tribunal are to be defrayed out of moneys provided by Parliament.(2) The Minister must appoint a Secretary to the Reviewing Tribunals and such other public officers as are necessary for the Reviewing Tribunals to discharge their functions under this Act. —(1)

• § 41 — Reviewing Tribunal — function

  41.—(1) It is the function and duty of every Reviewing Tribunal to consider and determine any appeal made under section 18 or 37 and served on the Secretary to the Reviewing Tribunals.(2) However, a Reviewing Tribunal may summarily dismiss any appeal which it determines to be frivolous or vexatious.

• § 42 — Reviewing Tribunal — grounds for cancellation

  42.—(1) A Reviewing Tribunal may only cancel a Part 2 direction under section 41(3) on any of the following grounds:(a) the requirements of section 6(1) were not satisfied; (b) the person that was given the direction was not a person to whom the direction may be given under section 7; (c) it is no

• § 43 — Procedure before Reviewing Tribunal

  43.—(1) Except where a Reviewing Tribunal, having regard to all the circumstances, is satisfied that it is equitable to do so, the Reviewing Tribunal must not consider or determine any appeal against a Part 2 direction under section 18 or a Part 6 order under section 37, if the appeal is made more t

• § 44 — Rules for Reviewing Tribunal proceedings

  44.—(1) Rules may be made by the Minister to prescribe the practice and procedure to be followed on, or in connection with, the hearing or consideration of any proceedings or appeal (including, where applicable, the mode and burden of proof and the admissibility of evidence) before a Reviewing Tribu

• § 45 — Service of notice, etc., given by designated officer, etc.

  45.—(1) Any notice, direction, directive, order or other document permitted or required to be given under this Act by a designated officer, the competent authority, an authorised officer, a police officer or an enforcement officer (called in this section document to be served) may be served on —(a)

• § 46 — Notices, etc., to designated officer, etc.

  46. Every notice or information required to be given to a designated officer, the competent authority, an authorised officer, a police officer or an enforcement officer under this Act or by a direction, code, directive, order or notice given under this Act must be given in the manner —(a) specified

• § 47 — Information for administration

  47. A designated officer, the competent authority or an authorised officer may, by written notice, require any person to whom a Part 2 direction, a notice of designation as a designated online service, a code application notice, a rectification notice, an implementation directive or a Part 6 order m

• § 48 — Information on online activity in furtherance of specified offence, etc.

  48.—(1) Where a police officer of or above the rank of sergeant or an enforcement officer reasonably suspects that —(a) a specified offence has been committed; and (b) any online activity in furtherance of the offence has occurred (whether in Singapore or outside Singapore) on or through an online

• § 49 — Written notice may be given to persons outside Singapore, etc.

  49. A written notice under section 47 or 48 may be given to —(a) any individual whether or not a resident or citizen of Singapore, whether physically present in Singapore or outside Singapore, and whether carrying on a business or operating in Singapore or outside Singapore; or (b) any entity wheth

• § 5 — 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

• § 50 — Offences of non-compliance with Part 2 directions

  50.—(1) A person commits an offence if the person —(a) is given a stop communication direction; and (b) without reasonable excuse, fails to comply with any requirement of the direction, whether in Singapore or outside Singapore. (2) A person commits an offence if the person —(a) is given a disabl

• § 51 — Offences of non-compliance with rectification notice or implementation directive

  51.—(1) A person commits an offence if the person —(a) is given a rectification notice; and (b) without reasonable excuse, fails to comply with any requirement of the notice, whether in Singapore or outside Singapore. (2) A person commits an offence if the person —(a) is given an implementation d

• § 52 — Offences of non-compliance with Part 6 orders

  52.—(1) A person commits an offence if the person —(a) is given a service restriction order; and (b) without reasonable excuse, fails to comply with any requirement of the service restriction order, whether in Singapore or outside Singapore. (2) A person commits an offence if the person —(a) is g

• § 53 — Offence of non-compliance with written notice under section 47 or 48

  53.—(1) A person commits an offence if the person —(a) is given a written notice under section 47 or 48; and (b) without reasonable excuse, fails to comply with that written notice, whether in Singapore or outside Singapore. (2) A person who is guilty of an offence under subsection (1) shall be l

• § 54 — Defences

  54.—(1) It is not a defence to a charge for an offence under section 50, 52 or 53 that —(a) the person is subject to a duty under any written law, any rule of law, any contract or any rule of professional conduct, that prevents or restricts the person from complying with a requirement of the Part 2

• § 55 — Arrestable and bailable offences

  55.—(1) Every offence as follows is arrestable and is non‑bailable for the purposes of the Criminal Procedure Code 2010:(a) an offence under section 50, 51 or 52; (b) an abetment, or a conspiracy or an attempt to commit an offence mentioned in paragraph (a). (2) Every offence as follows is bailabl

• § 56 — Jurisdiction of courts

  56.—(1) Where an offence under this Act is committed by a person outside Singapore, the person may be dealt with in respect of that offence as if it had been committed wholly within Singapore.(2) Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to t

• § 57 — Immunity

  57.—(1) No person or officer, employee or agent of the person shall incur any civil or criminal liability under any written law or rule of law, or be liable for any breach of confidence or to any disciplinary action by a professional body, for doing or omitting to do any act, if the act is done or o

• § 58 — General exemption

  58. The Minister may, by order in the Gazette, exempt any person or class of persons from all or any of the provisions of this Act, either generally or in a particular case and subject to the conditions that the Minister may impose.

• § 59 — Amendment of Schedules

  59.—(1) The Minister may, by order in the Gazette, amend, add to or vary the Schedules.(2) The Minister may, in an order under subsection (1), make provisions of a saving or transitional nature consequent on the enactment of the order that the Minister may consider necessary or expedient. (3) All o

• § 6 — Part 2 direction — general

  6.—(1) A designated officer may give one or more Part 2 directions in respect of online activity if the designated officer —(a) reasonably suspects that a specified offence has been committed and that any online activity is in furtherance of the commission of the offence; or (b) suspects or has rea

• § 60 — Regulations

  60.—(1) The Minister may make regulations necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) Without limiting subsection (1), the regulations may —(a) provide practical guidance or certainty in respect of any one or more of the requirements of a code of practi

• § 7 — Part 2 direction — given to whom

  7. The Part 2 directions and the persons to whom they may be given are listed in the table below:Direction Recipient may be 1. Stop communication direction A person who has control of the relevant material or the proprietor of the relevant location. 2. Disabling direction The provider of an onl

• § 8 — Stop communication direction — content

  8. A stop communication direction is a direction requiring the recipient to take all reasonable steps to do one or more of the following, and by the time, specified in the direction, such that the relevant material, online material similar to it or the relevant location (as the case may be) cannot b

• § 9 — Disabling direction — content

  9. A disabling direction is a direction requiring the recipient to take all reasonable steps to disable access by Singapore persons to one or more of the following, and by the time, specified in the direction:(a) any relevant material stored, posted, provided or transmitted on or through the recipie