SG passes new law to remove criminal or harmful online content

A new bill, titled the Online Criminal Harms Act, that will allow the government to remove criminal online content has been passed in parliament this week.

The act will empower the government with the ability to tell individuals, entities, online and Internet service providers and app stores to remove or block harmful content where there is "reasonable suspicion" that a specified offence has been committed and that an online activity is in fact helping the offence to be carried out.

"In many cases, it would be apparent whether the threshold of 'reasonable suspicion' is crossed, and action can be taken immediately. For example, child sexual abuse materials that are uploaded onto the internet. They are quite clear for everyone to see. In less clear-cut cases, the officers would first carry out investigations," said minister for communications and information Josephine Teo at the second reading of the bill this week. 

Don't miss: SG govt to introduce new laws to prevent harmful online content

Under the new law, directions, notices, directives, and orders can be issued to entities and individuals, even if they have no presence in Singapore if there is reason to believe that an online offence has been committed. 

For example, The Ministry of Home Affairs (MHA) noted previously that there will be a stop communication direction that will require the offending party to remove the post, so it is not accessible. There will also be a direction to disable access to specified content to prevent people from viewing it. 

"Where we have identified a need for measures to be taken by such companies in order to tackle criminal activities, we would be requiring them in the law. The interventions would be designed with implementation in mind, and with emphasis on the outcome more than the how.  This approach recognises that every online platform has its unique features and operating considerations. The government will be reasonable in applying the requirements under the bill," said Teo.

"We know, however, that some of them may choose not to comply, which is a challenge many countries similarly face. There are further steps that we can take. First, we can prosecute for non-compliance, where possible. Second, the bill allows the Competent Authority to issue Orders to restrict access to the non-compliant online service, to prevent the criminal activity and content from being accessed by persons in Singapore," she added. 

When asked how the bill may affect privacy, Teo assured members that the government will strike an "appropriate balance" between preventing online criminal harms and privacy.

For example, Teo said that this bill will not require online companies to “break” end-to-end encryption in private messaging. However, to combat a crime, it can issue directions to the messaging platform to restrict the accounts which are being used to commit the crime.  It may also require information on the suspected offenders and other platform users involved, in order to fully investigate the case.

Reasonable boundaries are needed because "unfettered and absolute free speech" can cause harm to individuals and society. It is therefore not uncommon to find laws in some jurisdictions that limit free speech; examples include prohibitions against hate speech, said Teo. 

The bill as it stands, applies only to online content and activity that already constitute a criminal offence in Singapore, such as incitement to hatred against a religious group, Teo clarified. 

Online safety has been a hot topic of discussion both in Singapore and across the region. Recently, the communications and digital ministry, led by Malaysian minister Fahmi Fadzil, noted that they would be meeting Telegram to discuss safety of users.

According to the minister, the ministry is awaiting a response from Telegram to take this matter forward. This is not the first we have heard of the communications ministry approaching Telegram as a history of scams has been recognised over the past few months. Despite the rampant use of the app to share sensitive information, even by the National Security Council, Fahmi said that the government would not compromise the safety of the public.

In a townhall reported by Astro Awani, seen by MARKETING-INTERACTIVE, Fahmi said that the issue is “not only about scammers, but also pornography and extremism which need to be checked urgently if they are spread through Telegram.”

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