PART 10A | ONLINE COMMUNICATION SERVICE REGULATION |
[Act 38 of 2022 wef 01/02/2023] | Division 1 — Scope and key concepts |
45A. The purpose of this Part is to ensure that providers of online communication services to Singapore end-users —| (a) | provide a safe online environment for Singapore end-users that promotes responsible online behaviour, deters objectionable online activity and prevents access to harmful content; | | (b) | place adequate priority on the protection of Singapore end-users who are children of different age groups from exposure to content which may be harmful to them; and | | (c) | are regulated in a manner that enables public interest considerations to be addressed. [Act 38 of 2022 wef 01/02/2023] |
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| 45B. This Part applies to and in relation to any content that is provided on any online communication service and is accessible by any Singapore end-user except that if the content was published on the Internet before the date of commencement of section 5 of the Online Safety (Miscellaneous Amendments) Act 2022, this Part does not apply to the content on an online communication service unless the content remains accessible to a Singapore end-user of the service on or after that date. [Act 38 of 2022 wef 01/02/2023] |
| When content is provided or communicated on online communication service |
45C.—(1) For the purposes of this Part, content is provided on an online communication service if the content can be accessed by one or more of the end-users using the service.| (2) For the purposes of this Part, content is communicated on an online communication service by an end-user if the end-user causes the content to be accessible by one or more other end-users using the service. [Act 38 of 2022 wef 01/02/2023] |
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| Meaning of “egregious content” |
45D.—(1) In this Part, “egregious content” means —| (a) | content that advocates or instructs on suicide or self-harm; | | (b) | content that advocates or instructs on violence or cruelty to, physical abuse of, or acts of torture or other infliction of serious physical harm on, human beings; | | (c) | content that advocates or instructs on sexual violence or coercion in association with sexual conduct, whether or not involving the commission of a heinous sex crime; | | (d) | content depicting for a sexual purpose, or that exploits, the nudity of a child or part of a child in a way that reasonable persons would regard as being offensive, whether or not sexual activity is involved; | | (e) | content that advocates engaging in conduct in a way that —| (i) | obstructs or is likely to obstruct any public health measure carried out in Singapore; or | | (ii) | results or is likely to result in a public health risk in Singapore; |
| | (f) | content dealing with matters of race or religion in a way that is likely to cause feelings of enmity, hatred, ill will or hostility against, or contempt for or ridicule of, different racial or religious groups in Singapore; | | (g) | content that advocates or instructs on terrorism; or | | (h) | any other content that is prescribed by Part 10A regulations as egregious content. |
| (2) It does not matter if the content in subsection (1) relates to conduct engaged in within or outside Singapore. |
(3) In this section —“heinous sex crime” means —| (a) | an offence under the Penal Code 1871 involving serious sexual assault such as rape or sexual assault by penetration, or sexual communication with or sexual grooming of a child; | | (b) | an offence under section 8 of the Children and Young Persons Act 1993; | | (c) | an abetment of or a conspiracy to commit an offence specified in paragraph (a) or (b); | | (d) | an attempt to commit an offence specified in paragraph (a) or (b); or | | (e) | conduct outside Singapore which, had it been engaged in within Singapore, would have been an offence specified in paragraph (a), (b), (c) or (d) and punishable by a Singapore court; |
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| “public health measure” means the organised response by society (including Government) to prevent, mitigate or control a public health risk; |
“public health risk” means circumstances, a thing or substance that —| (a) | is or is likely to be hazardous to the health of individuals in the context of the wider health of the community; or | | (b) | contributes or is likely to contribute to disease or the transmission of an infectious disease to or among human beings; |
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“terrorism” means the engaging in any conduct constituting —| (a) | a terrorist act within the meaning given by section 2(2) and (3) of the Terrorism (Suppression of Financing) Act 2002 affecting persons or property situated in Singapore; | | (b) | a terrorist bombing offence within the meaning given by section 2 of the Terrorism (Suppression of Bombings) Act 2007; | | (c) | a nuclear terrorism offence within the meaning given by section 2 of the Terrorism (Suppression of Misuse of Radioactive Material) Act 2017; | | (d) | an abetment of or a conspiracy to commit an act or offence specified in paragraph (a), (b) or (c); | | (e) | an attempt to commit an act or offence specified in paragraph (a), (b) or (c); or | | (f) | an offence specified in paragraph (a), (b), (c), (d) or (e) and punishable by a Singapore court if the conduct had been engaged in within Singapore. [Act 38 of 2022 wef 01/02/2023] |
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| Division 2 — Offences involving egregious content |
| Offence of not stopping egregious content on online communication service |
45E.—(1) A person commits an offence if —| (a) | the person provides an online communication service with a Singapore end-user link; | | (b) | the online communication service provides or can be used to access content on the online communication service; | | (c) | the content is egregious content; | | (d) | the person knows, or ought reasonably to know that —| (i) | the online communication service provides or can be used to access that content; and | | (ii) | the content is egregious content; and |
| | (e) | the person fails in the person’s duty under section 45J to comply with a section 45H direction given to the person in relation to that egregious content provided on that online communication service by the person. |
| (2) A person that is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction. |
| (3) For the purposes of subsection (1), it is immaterial whether the online communication service is provided from outside Singapore or provided in or from Singapore. |
(4) If —| (a) | a section 45H direction is given in relation to an online communication service provided by a person; and | | (b) | in a prosecution of the person for an offence against subsection (1), it is proven that the online communication service provides or can be used to, at the time the direction was given, access the content specified in the direction, |
| then, in that prosecution, it must be presumed until the contrary is proved, that the person knew — |
| (c) | that the online communication service provides or can be used to access that content at the time the direction was given; and | | (d) | that the content is egregious content at the time the direction was given. [Act 38 of 2022 wef 01/02/2023] |
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| Offence of not stopping access to online communication service |
45F.—(1) A person commits an offence if —| (a) | the person provides an internet access service with a Singapore end-user link; | | (b) | the internet access service can be used by a Singapore end-user of an online communication service to access content provided on the online communication service; | | (c) | the content is egregious content; | | (d) | the person knows, or ought reasonably to know that —| (i) | the internet access service can be used by a Singapore end-user of the online communication service to access the content provided on the online communication service; and | | (ii) | the content is egregious content; and |
| | (e) | the person fails in the person’s duty under section 45J to comply with a section 45I blocking direction given to the person in relation to access to the online communication service through its internet access service. |
| (2) A person that is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $20,000 for each day or part of a day the person does not comply with a section 45I blocking direction given to the person but not exceeding a total fine of $500,000. |
| (3) For the purposes of subsection (1), it is immaterial whether the online communication service is provided from outside Singapore or provided in or from Singapore. |
(4) If —| (a) | a section 45I blocking direction is given in relation to an internet access service provided by a person; and | | (b) | in a prosecution of the person for an offence against subsection (1), it is proven that the internet access service can, at the time the direction was given, be used by a Singapore end-user of an online communication service to access content provided on the online communication service using the internet access service specified in the direction, |
| then, in that prosecution, it must be presumed until the contrary is proved that the person knew — |
| (c) | that the internet access service can, at the time the direction was given, be used by a Singapore end-user of the online communication service to access content provided on that online communication service; and | | (d) | that the content is egregious content at the time the direction was given. [Act 38 of 2022 wef 01/02/2023] |
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45G. In a prosecution of the person for an offence against section 45E(1) or 45F(1), it is a defence for the person charged to prove, on a balance of probabilities, that —| (a) | it was not reasonably practicable to do more than what was in fact done to satisfy the duty in section 45J; and | | (b) | there was no better practicable means than was in fact used to satisfy the duty in section 45J. [Act 38 of 2022 wef 01/02/2023] |
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45H.—(1) If the Authority is satisfied that —| (a) | any egregious content is being provided on an online communication service with a Singapore end-user link; and | | (b) | Singapore end-users of the service can access the egregious content, |
| the Authority may give the provider of the online communication service a written direction requiring the provider — |
| (c) | to do one or more of the following as the Authority considers appropriate:| (i) | to disable access to the egregious content on its service by Singapore end-users who use or may use the service; | | (ii) | to stop delivery or communication of content to an account or accounts of —| (A) | all Singapore end-users of the service; or | | (B) | any particular group of end-users comprising one or more Singapore end-users of the service, |
| so as to stop or reduce the communication, provision or access, or further communication, provision or access, by Singapore end-users of egregious content on the online communication service; and |
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| | (d) | to do so within the period specified in the written direction, or any extension of that period that the Authority may allow in any particular case. |
(2) To avoid doubt, a requirement in subsection (1)(c)(ii) —| (a) | may include requiring altering, terminating or suspending any functionality of the service provided to the Singapore end-user concerned; but | | (b) | must not require the doing of any thing with respect to the provision of an online communication service to the whole or part of any area in Singapore. |
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| (3) In addition, a requirement in subsection (1)(c) must not relate to any user-generated content that is communication between 2 or more end-users that is of a private or domestic nature. |
| (4) The egregious content must be, so far as is reasonably practicable, identified by the Authority in a section 45H direction in a way that is sufficient to enable the provider concerned to comply with the direction. |
(5) In this section, “account” includes —| (a) | a free account; | | (b) | a prepaid account; and | | (c) | anything that may reasonably be regarded as the equivalent of an account. [Act 38 of 2022 wef 01/02/2023] |
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| Section 45I blocking direction |
45I.—(1) This section applies to a provider of an internet access service.(2) If the Authority is satisfied that —| (a) | a provider of an online communication service with a Singapore end-user link which is given a section 45H direction fails to comply with the direction; and | | (b) | the internet access service has control over access by Singapore end-users of the online communication service to content provided on that online communication service, |
| the Authority may direct the provider of the internet access service to stop access by Singapore end-users to the online communication service. |
[Act 38 of 2022 wef 01/02/2023] |
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45J.—(1) Every provider of an online communication service or an internet access service to whom is given a section 45H direction or section 45I blocking direction, has the duty to take all reasonably practicable steps to comply with the direction given to the provider.| (2) No civil or criminal liability is incurred by a provider of an online communication service or an internet access service provider, or an officer, employee or agent of such a provider, for anything done or omitted to be done with reasonable care and in good faith in complying with a section 45H direction or section 45I blocking direction given to the provider. [Act 38 of 2022 wef 01/02/2023] |
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| Division 3 — Regulated online communication services |
| Regulated online communication service |
45K.—(1) The Authority may designate an online communication service with a Singapore end-user link as a regulated online communication service with effect from a date specified in that order if the Authority, after taking into account —| (a) | the range of all online communication services provided to Singapore end-users; and | | (b) | the extent and nature of the effect that the different types of online communication services have on the people of Singapore and her different communities, |
| is satisfied that the online communication service should be a regulated online communication service in furtherance of the purposes in section 45A. |
| (2) The Authority must cause notice of every designation under subsection (1) to the public by causing it to be published in any other manner that the Authority considers will secure adequate publicity for the designation. |
| (3) A designation under subsection (1) may be revoked at any time by the Authority by instrument in writing; and the Authority must give notice, or cause the giving of notice, of the revocation in the same manner in which the designation was first given. |
| (4) To avoid doubt, the non-publication of any notice of a designation under subsection (1), or its revocation, in the manner described in subsection (2) does not affect the validity of the designation or revocation, as the case may be. [Act 38 of 2022 wef 01/02/2023] |
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| Online Code of Practice for regulated online communication service |
45L.—(1) Without limiting section 6, the Authority may, from time to time and in accordance with rules made under subsection (2) —| (a) | issue one or more online Codes of Practice applicable to providers of any regulated online communication service or specified types of such providers; and | | (b) | amend or revoke any online Code of Practice issued under paragraph (a), |
| with respect to all or any of the matters in subsection (4) relating to the provision of that regulated online communication service. |
(2) The Minister may make rules prescribing the manner or form of procedure to be followed in connection with the preparation and issuing of online Codes of Practice applicable to providers of regulated online communication services, and any amendment or revocation of any such Code of Practice, including rules requiring the Authority —| (a) | to give prior notice of any draft online Code of Practice proposed to apply to providers of any regulated online communication service or particular regulated online communication service (including a draft Code of Practice that is to replace an online Code of Practice in force) or any proposal of amendments to or revocation of an online Code of Practice in force; | | (b) | to specify the place or places where copies of any draft online Code of Practice or the proposed amendment or revocation may be inspected; | | (c) | to invite objections and representations in connection with the draft online Code of Practice or the proposed amendment or revocation; and | | (d) | to consider or inquire into all or any of those objections and representations where made in accordance with the rules. |
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(3) If any provision in any online Code of Practice issued or amended under subsection (1) is inconsistent with any provision of this Act or the Part 10A regulations, that provision in that Code —| (a) | is to have effect subject to this Act and the Part 10A regulations; or | | (b) | having regard to the provisions of this Act and the Part 10A regulations, does not have effect. |
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(4) An online Code of Practice issued or amended under this section applicable to providers of any regulated online communication service or specified types of such providers may provide for all or any of the following:| (a) | requirements that a provider of the regulated online communication service must, by establishing and applying appropriate systems or processes, provide the service in a way that —| (i) | prevents Singapore end-users of its service (particularly children of different age groups) from accessing content that presents a material risk of significant harm to them; and | | (ii) | mitigates and manages the risks of danger to Singapore end-users of its service (particularly children of different age groups) from content provided or that may be provided on its service; |
| | (b) | any matter so as to provide practical guidance or certainty in respect of what content does or does not present a material risk of significant harm to Singapore end-users generally or certain types of Singapore end-users of the service; | | (c) | the procedures to be followed by a provider of the regulated online communication service so as to satisfy the duty under section 45M to comply with the online Code of Practice applicable to that provider, which may include —| (i) | undergoing (at its own cost) such audit as the Authority may require to ascertain the provider’s compliance with the provisions of the online Code of Practice applicable to the provider; | | (ii) | reporting to the Authority, periodically or whenever requested by the Authority, information about the measures taken by the provider to ensure that Singapore end-users are able to use the regulated online communication service in a safe manner; or | | (iii) | conducting risk assessments on the systemic risks brought about by or relating to the functioning and use of their services and taking reasonable and effective measures aimed at mitigating those risks; |
| | (d) | a requirement for collaboration or cooperation by the provider of the regulated online communication service with any conduct of research into its regulated online communication service by a suitable expert or experts approved by the Authority, so as to assist in developing the Authority’s understanding of —| (i) | the nature and level of the systemic risks brought about by or relating to the functioning and use of the regulated online communication service; and | | (ii) | the evolution and severity of such online systemic risks; |
| | (e) | any matter that promotes or furthers any purpose in section 45A. [Act 38 of 2022 wef 01/02/2023] |
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| Duty of regulated online communication service provider |
45M.—(1) Every provider of a regulated online communication service has the duty to take all reasonably practicable steps to comply with the online Code of Practice applicable to the provider in the provision of the regulated online communication service.(2) Where it is alleged for the purposes of this Act that any provider of a regulated online communication service failed to comply with the duty under subsection (1), it is for the provider to show that —| (a) | it was not reasonably practicable to do more than what was in fact done to satisfy that duty; and | | (b) | there was no better practicable means than was in fact used to satisfy that duty. |
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(3) A requirement of an online Code of Practice applicable to a provider of a regulated online communication service has effect despite —| (a) | any duty of confidentiality or privacy imposed by any rule of law; or | | (b) | any duty imposed by any contract or any rule of professional conduct, |
| that prevents the provider from complying with that requirement or restricts the provider in such compliance. |
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| (4) No civil or criminal liability is incurred by a provider of a regulated online communication service or an officer, employee or agent of such a provider, for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with or giving effect to a requirement of the online Code of Practice. |
| (5) An online Code of Practice otherwise does not have legislative effect. [Act 38 of 2022 wef 01/02/2023] |
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45N.—(1) Subject to section 45O, if the Authority is satisfied that a provider of a regulated online communication service (called in this section and section 45O the defaulting provider) has failed to satisfy the duty under section 45M(1), the Authority may —| (a) | order the defaulting provider to pay, within a period specified in the order, a financial penalty of any amount that the Authority thinks fit, but not exceeding $1 million; or | | (b) | direct the defaulting provider to take any steps, whether in or outside Singapore, and within a specified time, that may be necessary to remedy the failure. |
| (2) A defaulting provider that does not comply with a direction given to the defaulting provider under subsection (1)(b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction. |
| (3) For the purposes of subsection (2), it is immaterial whether the online communication service concerned is provided from outside Singapore or provided in or from Singapore. [Act 38 of 2022 wef 01/02/2023] |
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| Procedure for regulatory action under section 45N |
45O.—(1) Before exercising any powers under section 45N(1) in relation to any defaulting provider of a regulated online communication service, the Authority must give written notice to the defaulting provider —| (a) | stating that the Authority intends to take regulatory action against the defaulting provider; | | (b) | specifying the type of action in section 45N(1) the Authority proposes to take, and each instance of non-compliance that is the subject of the action; and | | (c) | specifying the time (being at least 14 days from the date of service of notice on the defaulting provider) within which written representations may be made to the Authority with respect to the proposed action. |
| (2) The Authority may, after considering any written representation under subsection (1)(c), decide to take any regulatory action in section 45N(1) that the Authority considers appropriate. |
| (3) Where the Authority has made any decision under subsection (2) against any defaulting provider, the Authority must serve on the defaulting provider concerned a notice of its decision. |
| (4) Subject to section 59(2), a decision which is specified in the notice given under subsection (3) takes effect from the date on which that notice is given, or on any other date that may be specified in the decision. [Act 38 of 2022 wef 01/02/2023] |
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| Division 4 — Administrative and general provisions |
45P.—(1) The Authority may, with the approval of the Minister, make regulations which are required or permitted to be prescribed by this Part or are necessary or convenient to be prescribed for carrying out or giving effect to this Part.| (2) All subsidiary legislation made under this Part must be presented to Parliament as soon as possible after publication in the Gazette. [Act 38 of 2022 wef 01/02/2023] |
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| Incorporation by reference |
45Q.—(1) Any subsidiary legislation made under this Part or any online Code of Practice may make provision for or in relation to a matter by applying, adopting or incorporating by reference, with or without modification, any material contained in any standard, rule, requirement, specification or other document, as in force at a particular time or from time to time, which relates to any matter with which the subsidiary legislation or online Code of Practice deals, even if the standard, rule, requirement, specification or other document does not yet exist when the subsidiary legislation or online Code of Practice is made.(2) Any material referred to in subsection (1) may be applied, adopted or incorporated by reference in any subsidiary legislation made under this Part or any online Code of Practice —| (a) | in whole or in part; or | | (b) | with modifications, additions, or variations specified in the subsidiary legislation or online Code of Practice, as the case may be. |
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(3) A copy of any material applied, adopted or incorporated by reference in any subsidiary legislation made under this Part or any online Code of Practice, including any amendment to, or replacement of, the material, must be —| (a) | certified as a correct copy of the material by the Minister or the Authority, as the case may be; and | | (b) | retained by the Authority. |
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| (4) Any material applied, adopted or incorporated in any subsidiary legislation made under this Part or any online Code of Practice by reference under subsection (1) is to be treated for all purposes as forming part of the subsidiary legislation or online Code of Practice; and, unless otherwise provided in the subsidiary legislation or online Code of Practice, every amendment to any material incorporated by reference under subsection (1) that is made by the person or organisation originating the material is, subject to subsections (5) and (6), to be treated as being a part of that subsidiary legislation or online Code of Practice, as the case may be. |
(5) Where any material referred to in subsection (1) is applied, adopted or incorporated by reference in any subsidiary legislation made under this Part or any online Code of Practice, the Authority must give notice in the Gazette stating —| (a) | that the material is incorporated in the subsidiary legislation made under this Part or online Code of Practice and the date on which the relevant provision in the subsidiary legislation or online Code of Practice was made; | | (b) | that the material is available for inspection during working hours, free of charge; | | (c) | the place where the material can be inspected without charge; | | (d) | that copies of the material can be purchased; | | (e) | the place where copies of the material can be purchased; and | | (f) | if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained. |
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| (6) In this section, “modification” includes omissions, additions and substitutions. [Act 38 of 2022 wef 01/02/2023] |
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| Interface with other laws and civil liability |
45R.—(1) To avoid doubt, section 26(1) of the Electronic Transactions Act 2010 (which relates to the limitation of liability against network service providers) applies in relation to any liability under this Part other than liability under section 45E, 45F or 45N.(2) Nothing in section 45J or 45M is to be construed —| (a) | as conferring a right of action in any civil proceedings in respect of any contravention of any provision of this Part or an online Code of Practice; or | | (b) | as conferring a defence to an action in any civil proceedings or as otherwise affecting a right of action in any civil proceedings. |
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(3) For the purposes of sections 45E(1), 45F(1), 45H and 45I, a person is to be disregarded as a Singapore end-user using an online communication service if the person accesses content in any of the following circumstances:| (a) | the accessing of the content is necessary for enforcing this Act or any other written law; | | (b) | the accessing of the content is necessary for monitoring compliance with, or investigating a contravention of, this Act or any other written law; | | (c) | the accessing of the content is solely for the purposes of proceedings in a Singapore court or tribunal; | | (d) | the accessing of the content is both —| (i) | necessary and solely for, or of assistance in, conducting scientific, medical, academic or historical research; and | | (ii) | reasonable in the circumstances for the purpose of conducting that scientific, medical, academic or historical research. [Act 38 of 2022 wef 01/02/2023] |
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| Modification of section 50 |
45S.—(1) Where the person that commits an offence under section 50(2) or (3) is a provider of a regulated online communication service and with respect to documents or information relating to that service, that person shall be liable on conviction to a fine not exceeding $1 million despite section 50(4).| (2) The power under section 50(1) to require the provision of documents relating to an online communication service includes power to require the production of documents held outside Singapore. [Act 38 of 2022 wef 01/02/2023] |
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| Interpretation of this Part |
45T.—(1) In this Part, unless the context otherwise requires —| “advocate”, in relation to any conduct, means counsel, promote, encourage or urge the engaging in that conduct; |
| “child” means an individual who is below 18 years of age; |
| “functionality”, in relation to an online communication service, has the meaning given by section 2A; |
| “harm” includes harm to an individual’s mental health; |
| “section 45H direction” means a direction given under section 45H to a provider of an online communication service, and includes such a direction that is varied under section 59(3) on appeal; |
| “section 45I blocking direction” means a direction given under section 45I to a provider of an internet access service, and includes such a direction varied under section 59(3) on appeal; |
“social media service” means an electronic service that satisfies all the following characteristics:| (a) | the sole or primary purpose of the service is to enable online interaction or linking between 2 or more end-users (including enabling end-users to share content for social purposes); | | (b) | the service allows end-users to communicate content on the service; | | (c) | any other characteristics that are prescribed by Part 10A regulations; |
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“system or process” includes —| (a) | a human or an automated system or process; and | | (b) | any technology; |
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| “user-generated content” has the meaning given by section 2A. |
| (2) To avoid doubt, “content” in this Part includes user-generated content. |
(3) Where —| (a) | by or under any provision of this Part or any Part 10A regulations or any direction given under this Part, an act or a thing is required or directed to be done within a particular period or before a particular time, or any extended period or time that the Authority may allow; | | (b) | failure to do that act or thing within the period or before the time mentioned in paragraph (a) constitutes an offence; and | | (c) | that act or thing is not done within the period or before the time mentioned in paragraph (a), |
| the obligation to do that act or thing continues, even though that period has expired or that time has passed, until that act or thing is done. |
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| (4) For the purposes of this Part, an online communication service has a Singapore end-user link if, and only if, all or any of the end-users of that service are Singapore end-users. [Act 38 of 2022 wef 01/02/2023] |
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