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Singapore: The Online Criminal Harms Act commences on 1 February 2024

By 4 Mins Read

The OCHA introduces measures to help the government better tackle online criminal activities

In brief

The Online Criminal Harms Act (OCHA) was introduced in Parliament on 8 May 2023 and passed on 5 July 2023. It has commenced in part on 1 February 2024. Under the OCHA, five types of government directions may be issued to deal with criminal online activities. These directions can be issued to communicators of criminal content, online service providers, and internet service providers. Provisions on the issuance of codes of practice and directives in partnership with online services will come into force at a later stage.

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
 

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Andy Leck is the head of the Intellectual Property and Technology (IPTech) Practice Group and a member of the Dispute Resolution Practice Group in Singapore. He is a core member of Baker McKenzie's regional IP practice and also leads the Myanmar IP Practice Group. Andy is recognised by reputable global industry and legal publications as a leader in his field. He was named on "The A-List: Singapore's Top 100 lawyers" by Asia Business Law Journal 2018. In addition, Chambers Asia Pacific notes that Andy is "a well-known IP practitioner who is highlighted for his record of handling major trade mark litigation, as well as commercial exploitation of IP rights in the media and technology sectors. He's been in the industry for a long time and has always been held in high regard. He is known to be very fair and is someone you would like to be in the trenches with you during negotiations." Furthermore, Asian Legal Business acknowledges Andy as a leading practitioner in his field and notes that he “always gives good, quick advice, [is] client-focused and has strong technical knowledge for his areas of practice.” Andy was appointed by the Intellectual Property Office of Singapore (IPOS) as an IP Adjudicator to hear disputes at IPOS for a two-year term from April 2021. He has been an appointed member of the Singapore Copyright Tribunal since May 2010 and a mediator with the WIPO Arbitration and Mediation Center. He is also appointed as a Notary Public & Commissioner for Oaths in Singapore. He previously served on the International Trademark Association’s Board of Directors and was a member of the executive committee.

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Ren Jun Lim is a principal with Baker McKenzie Wong & Leow. He represents local and international clients in both contentious and non-contentious intellectual property matters. He also advises on a full range of healthcare, as well as consumer goods-related legal and regulatory issues. Ren Jun co-leads Baker McKenzie Wong & Leow's Healthcare as well as Consumer Goods & Retail industry groups. He sits on the Law Society of Singapore IP Committee and on the Executive Committee of the Association of Information Security Professionals. He is also a member of the Vaccines Working Group, Singapore Association of Pharmaceutical Industries, a member of the International Trademark Association, as well as a member of the Regulatory Affairs Professionals Association. Ren Jun is ranked in the Silver tier for Individuals: Enforcement and Litigation and Individuals: Prosecution and Strategy, and a recommended lawyer for Individuals: Transactions by WTR 1000, 2020. He is also listed in Asia IP's Best 50 IP Expert, 2020, recognised as a Rising Star by Managing IP: IP Stars, 2019 and one of Singapore's 70 most influential lawyers aged 40 and under by Singapore Business Review, 2016. Ren Jun was acknowledged by WTR 1000 as a "trademark connoisseur who boasts supplementary knowledge of regulatory issues in the consumer products industry." He was also commended by clients for being "very responsive to enquiries and with a keen eye for detail, he is extremely hands-on. His meticulous and in-depth approach to strategising is key to the excellent outcomes we enjoy."

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Ken Chia is a member of the Firm’s IP Tech, International Commercial & Trade and Competition Practice Groups. He is regularly ranked as a leading TMT and competition lawyer by top legal directories, including Chambers Asia Pacific and Legal 500 Asia Pacific. Ken is an IAPP Certified International Privacy Professional (FIP, CIPP(A), CIPT, CIPM) and a fellow of the Chartered Institute of Arbitrators and the Singapore Institute of Arbitrators.

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