INTRODUCTION

Singapore has been making concerted efforts towards enhancing the safety of digital spaces for Singapore users, particularly for children. This is in recognition of the inherent risks posed by harmful online content, and the amplification of such risks through the proliferation of social media services.

The Ministry of Communications and Information ("MCI") had, earlier in 2022, given an indication of what changes and enhancements may be expected in the digital regulatory and compliance framework, including the introduction of codes of practice for online platforms to protect Singaporeans against harmful online content. The proposed measures have been steadily advancing along the course of implementation, and are now being further developed, with new legislation being introduced in Parliament, and responses to public feedback on the proposed measures.

From 13 July 2022 to 10 August 2022, MCI conducted a Public Consultation on Proposed Measures to Enhance Online Safety for Users in Singapore ("Public Consultation"). For more information, please see our earlier Legal Update on this topic here. On 29 September 2022, MCI released a summary of its responses to the feedback received from the Public Consultation, giving further indication of the direction that the proposed measures may take.

On 3 October 2022, the Online Safety (Miscellaneous Amendments) Bill ("Bill") was introduced in Parliament. If passed, the Bill will empower the Infocomm Media Development Authority ("IMDA") to better regulate online communication services accessible by Singapore end-users and give effect to the proposed measures, including the authority to issue directions to block egregious content and to issue online Codes of Practice.

This Update highlights the key provisions in the Bill and provides a summary of the feedback to the Public Consultation.

ONLINE SAFETY (MISCELLANEOUS AMENDMENTS) BILL

The Bill had its First Reading in Parliament on 3 October 2022 and is set for its Second Reading at the first available sitting in November 2022. The Bill seeks to provide a safe online environment for Singapore end-users, and to place adequate priority on the protection of children from exposure to harmful content.

The main proposed amendment in the Bill is the introduction of a new Part 10A in the Broadcasting Act 1994. Part 10A aims to give effect to the proposed measures for enhancing online safety by:

  1. Allowing IMDA to issue blocking directions to online communication services to deal with "egregious content"; and
  2. Empowering IMDA to issue online Codes of Practice for providers of regulated online communication service.

An online communication service includes such service provided from outside Singapore, as well as such service provided in or from Singapore. The list of online communication services is presently limited to social media services under the proposed new Fourth Schedule of the Broadcasting Act. However, the Minister may, by order in the Gazette, revoke, replace or add to the Fourth Schedule.

Blocking Directions

IMDA may issue the following directions under the proposed Part 10A:

(a) Section 45H direction – IMDA may issue a section 45H direction to the provider of an online communication service to:

  • Disable access to egregious content on its service by Singapore end-users; or
  • Stop delivery or communication of content to the account(s) (such as a social media account, group or channel) of all Singapore end-users (or a sub-group) so as to stop or reduce the communication, provision or access by Singapore end-users of the egregious content on the online communication service.

This is provided that IMDA is satisfied that egregious content is being provided on the online communication service with a Singapore end-user link, and that Singapore end-users of the service can access the egregious content. It also does not apply to communication between two or more end-users that is of a private or domestic nature.

(b) Section 45I blocking direction – IMDA may issue a section 45I blocking direction to an internet access service provider to stop access by Singapore end-users to the online communication service.

This would occur when an online communication service provider fails to comply with a section 45H direction, and the internet access service provider has control over access by Singapore end-users of the online communication service to content provided on that online communication service.

The Bill provides further guidance on what may constitute egregious content, including content advocating suicide or self-harm, physical or sexual violence and terrorism, content depicting child sexual exploitation, content posing a public health risk in Singapore, and content likely to cause racial and religious disharmony in Singapore.

Every provider of an online communication service or an internet access service who receives a section 45H direction or a section 45I blocking direction respectively has a duty to take all reasonably practicable steps to comply with the direction.

  1. Section 45E: Failure to satisfy this duty with regard to a section 45H direction may result in a fine not exceeding S$1 million and, in the case of a continuing offence, a further fine not exceeding S$100,000 for every day or part of a day during which the offence continues after conviction.
  2. Section 45F: Failure to satisfy this duty with regard to a section 45I blocking direction may result in a fine not exceeding S$20,000 for each day or part of a day the person does not comply with the direction, subject to a total cap of S$500,000.

It does not matter whether the online communication service is provided from outside Singapore or provided in or from Singapore.

The Bill provides a defence for the breach of the above duty, in which the person charged must prove that:

  1. It was not reasonably practicable to do more than what was in fact done to satisfy the relevant duty; and
  2. There was no better practicable means than was in fact used to satisfy the relevant duty.

A section 45H direction or a section 45I blocking direction is appealable to the Minister.

Codes of Practice

IMDA may designate an online communication service with a Singapore end-user link as a regulated online communication service after considering the range of all online communication services provided to Singapore end-users, and the extent and nature of their effect on the people of Singapore and her different communities.

The new section 45L of the proposed Part 10A empowers IMDA to issue online Codes of Practice applicable to providers of any regulated online communication service or specified types of such providers. However, an online Code of Practice can only be issued, amended or revoked after certain consultation processes are followed.

A Code of Practice may provide for the following:

  1. Measures to minimise risk – Requirements to establish and apply appropriate systems or processes so as to provide the service in a way that: (i) prevents users (particularly children) from accessing content that presents a material risk of significant harm to them; and (ii) mitigates and manages the risks of danger to users (particularly children) from content on its service;
  2. Guidance on risk – Practical guidance in respect of what content presents a material risk of significant harm;
  3. Procedure for compliance – The procedures to be followed to satisfy the duty to comply with the online Code of Practice applicable to that provider, which may include: (i) audit to ascertain compliance; (ii) reporting to IMDA information about the measures taken; and (iii) conducting risk assessments on the systemic risks of their services and taking reasonable and effective measures aimed at mitigating those risks.
  4. Collaboration with research – Requirements for collaboration or cooperation by the provider with any conduct of research into its regulated online communication service by a suitable expert.

The Bill imposes a duty on every regulated online communication service provider to take all reasonably practicable steps to comply with the applicable online Code of Practice in the provision of the regulated online communication service. A defaulting provider may face the following regulatory action from IMDA under the proposed section 45N:

  1. An order to pay a financial penalty that IMDA thinks fit, but not exceeding S$1 million; or
  2. Directions to take any steps that may be necessary to remedy the failure. If a defaulting provider fails to comply with the remedial directions, the defaulting provider may be liable to a fine not exceeding S$1 million and, in the case of a continuing offence, to a further fine not exceeding S$100,000 for every day or part of a day during which the offence continues after conviction.

Similar to the provisions on blocking directions, it is a defence for the defaulting provider to prove that:

  1. It was not reasonably practicable to do more than what was in fact done to satisfy the relevant duty; and
  2. There was no better practicable means than was in fact used to satisfy the relevant duty.

Amendments will be made to the Electronic Transactions Act 2010 to expressly clarify that the safe harbour provisions under the Electronic Transactions Act for network service providers does not apply in relation to any liability under sections 45E, 45F or 45N of the amended Broadcasting Act.

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