Key takeaways
- The government can issue five types of directions under OCHA – stop communication, disabling, account restriction, access blocking, and app removal directions.
- For scams and malicious cyber activities, the threshold for issuing a direction is lower (only suspicion is required as opposed to other activities where reasonable suspicion is required).
- The directions are directed at entities, individuals, online service providers, and internet service providers.
- Online service providers may also be designated under the OCHA when it is suspected that it may be used for acts such as malicious cyber activities.
- Designated online services may be required to take proactive actions against online harms. However, provisions for designated online services have not yet entered into force.
In more detail
The OCHA introduces measures to enable the government to deal more effectively with online activities that are criminal in nature. The core components of OCHA have not changed since the Online Criminal Harms Bill was introduced in Parliament on 8 May 2023.
Directions
The OCHA primarily works through directions that can be issued by the government. Directions may be issued when a designated officer reasonably suspects that a specified offense has been committed and that any online activity is in furtherance of the commission of the offense.
For scams and malicious activities, the threshold is lower and the designated officer only has to suspect or have reason to believe that any online activity is preparatory to, or in furtherance of, the commission of a scam or malicious cyber activity offense.
Depending on the facts of the case, five types of government directions may be issued:
- Stop Communication Direction. This directs the recipient, who has control of the relevant online content, to stop communicating specified online content (including substantially similar content) to people in Singapore. This direction is issued to the communicator of the criminal content.
- Disabling Direction. This directs online service providers to disable specified content (e.g. a post or page) on their service from the view of people in Singapore, which may include identical copies of the content.
- Account Restriction Direction. This directs online service providers to stop an account on their service from communicating in Singapore and/or interacting with people in Singapore.
- Access Blocking Direction. This directs internet service providers to block access to an online location such as a web domain from the view of people in Singapore.
- App Removal Direction. This directs app stores to remove an app from its Singapore storefront, to stop further downloads of the app by people in Singapore.
Codes of practice and directives
The OCHA will also allow the Singapore Police Force to issue codes of practice for designated online service providers, which may vary depending on the nature of each designated online service. These codes and directives may require the implementation of systems, process, and measures with the following aims:
- Enabling partnerships with the government to proactively deal with scams and malicious cyber activity.
- Preventing scams and malicious cyber activities on the services.
- Supporting enforcement actions against such crimes.
However, the provisions regarding designated online services have not yet commenced and will enter into force at a later date.
For more information on the OCHA, including penalties and appeals, please refer to our client alert from May 2023.
* * * * *
© 2024 Baker & McKenzie.Wong & Leow. All rights reserved. Baker & McKenzie.Wong & Leow is incorporated with limited liability and is a member firm of Baker & McKenzie International, a global law firm with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "principal" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.
