The digital world has brought us closer together, but it has also opened doors for new types of threats. From sophisticated phishing scams to malicious cyber activities, the risks are real and evolving. To tackle these digital dangers head-on, the Singapore government introduced a powerful new shield: the Online Criminal Harms Act (OCHA).
Commencing in part on 1 February 2024, this legislation marks a significant shift in how authorities manage digital safety. Unlike previous laws that often responded to crimes after they occurred, Singapore’s Online Criminal Harms Act empowers the government to act proactively. This means the police can now disrupt criminal activity online before it even reaches a victim.
What Is The Online Criminal Harms Act (OCHA)?
The Online Criminal Harms Act (OCHA) is a specialised law designed to combat online content and activities that are criminal in nature or used to facilitate crimes. It provides authorities with a suite of “directions” to issue against individuals, entities, and online service providers.
The main objective is to limit people’s exposure to harmful criminal content. This includes activities related to:
- Scams and malicious cyber activity
- Terrorism and internal security
- Inciting violence or mass public disorder
- Drug trafficking and unlicensed moneylending
- Illegal gambling and sexual offences
How Does Singapore’s Online Criminal Harms Act Protect You?
The OCHA primarily protects the public by empowering the government to issue five distinct types of directions to communicators and service providers. These directions are designed to restrict exposure to criminal activities such as terrorism, drug trafficking, and unlicensed moneylending.
| Direction Type | Detailed Function |
| Stop Communication | Directs the content owner to remove the content and stop sharing similar material with Singapore users. |
| Disabling | Order online platforms to disable specific harmful content, such as fraudulent pages or posts, from local view. |
| Account Restriction | Directs services such as Facebook and WhatsApp to block specific accounts from communicating or interacting in Singapore. |
| Access Blocking | Requires internet service providers to block entire web domains or online locations identified as malicious. |
| App Removal | Requires app stores to remove specific apps from their Singapore storefront to prevent further local downloads. |
When Are Government Directions Issued?
Under the Online Criminal Harms Act (ocha), the government has the authority to issue various “directions” to online service providers (such as Facebook, TikTok, WhatsApp, and WeChat) to mitigate criminal activity online.
A Government Direction can be issued by a designated officer under two primary conditions:
- Reasonable Suspicion of a Specified Offence: When there is a reasonable suspicion that a specific crime listed under the Act has been committed and that online activity is being used to further that crime.
- Preparatory Scam or Cyber Activity: When there is a suspicion or reason to believe that online activity is being conducted to prepare for or carry out a scam or malicious cyber activity.
A “designated officer” is a public officer from a government Ministry or department, or an employee of a public authority, who has been authorised to issue these directions.
Specified Offences
The OCHA targets “specified offences,” as detailed in Schedule 1 of the Act. These crimes typically involve a clear online connection and threaten individual safety or national harmony. They include:
- Computer Misuse Act Offences: Such as unauthorised access to computer data.
- Protection from Harassment Act (POHA) Offences: Communication that is threatening, abusive, or insulting under POHA can be addressed via an OCHA direction to stop the harm quickly.
- Egregious Harm: Offences involving threats of death, serious physical injury, or threats to law and order.
Scams and Malicious Cyber Activities
Because digital fraud can spread rapidly and reach thousands of victims within minutes, Singapore’s Online Criminal Harms Act sets a lower threshold for intervention in such cases. This allows authorities to disrupt harmful activity proactively.
The list of scam-related offences is found in Part 2 of Schedule 1 and includes:
- Penal Code Offences: Related to extortion, gang robbery, cheating, and criminal breach of trust.
- Preparatory Actions: Authorities can act even before a crime is completed if they suspect a website or account is being set up for a future scam (e.g., a fake domain intended to mimic a bank).
- Conspiracy and Attempt: Abetting, conspiring, or attempting to commit these crimes also qualify for immediate government intervention.
Proactive Measures For Online Service Providers In Singapore
One of the most significant components of the OCHA is the implementation of Codes of Practice (COPs). These are mandatory frameworks that require designated online services (including Facebook, WhatsApp, and Telegram) to implement proactive safety systems.
- Quick Disruption of Malicious Activity: Platforms must proactively detect suspected scams and malicious cyber activities and take immediate action against them.
- Deployment of Safeguards: Service providers must implement verification measures to prevent the creation of inauthentic or bot-controlled accounts. Risky sellers on e-commerce platforms may be required to verify their identities against government records, such as SingPass.
- Enhanced Reporting Mechanisms: Platforms must provide an easily accessible reporting tool for users and implement a “fast-track channel” to receive reports from law enforcement agencies.
- Accountability and Compliance: Designated providers must submit annual reports detailing their implementation efforts. Non-compliance may result in a Rectification Notice or an Implementation Directive, and failure to comply with these orders is a criminal offence.
How To Seek Legal Recourse And Appeals
If you are a recipient of a direction or the originator of content that has been targeted, the OCHA provides a clear mechanism for appeal. This process ensures the law is not applied arbitrarily and allows the Court to oversee it.
Step 1: File a Reconsideration Application
You must first apply for a reconsideration before escalating the matter.
- Timeline: The application must be submitted within 30 days from the date the direction or order was issued.
- Portal: Applications must be made online via the designated government portal (https://go.gov.sg/ocha-reconsideration).
- Required Details: You must provide your identity particulars, contact address, and a concise statement of the grounds for your appeal.
Step 2: Provide Further Particulars
The reconsideration authority may request additional information or documents to help them decide. It is essential to comply with these requests within the specified timeframe to avoid your application being disregarded.
Step 3: Appeal to the Reviewing Tribunal
If the reconsideration is unsuccessful, you can appeal to a Reviewing Tribunal. This tribunal is an independent body consisting of a District Judge or Magistrate. They have the power to cancel or modify a direction if it was issued incorrectly based on the facts or the law.
Conclusion About The Online Criminal Harms Act In Singapore
The digital landscape is safer today due to Singapore’s Online Criminal Harms Act. By providing authorities with the tools to act quickly and proactively, the act serves as a strong deterrent against those who wish to exploit the online space.
If you are facing legal challenges related to cybercrime or need guidance on how these new regulations affect you, our team at Tembusu Law is here to help. Our firm houses the best criminal lawyers in Singapore, who have the expertise to protect your interests in this digital era.
We understand the stress of legal proceedings and are committed to providing you with the answers and support you need. For tailored legal advice and peace of mind, contact us for a free consultation.
Frequently Asked Questions About The Online Criminal Harms Act In Singapore
Can The Government Use OCHA To Read My Private Messages?
No, the OCHA focuses on stopping the communication of criminal content and disrupting the systems that facilitate scams. It is designed to target public or widely shared criminal material, not to provide authorities with a backdoor to every individual’s private and encrypted communications.
What Is The Difference Between OCHA And POFMA?
While both involve online content, they serve different purposes. POFMA targets “fake news” or online falsehoods that affect the public interest. OCHA, however, targets online activity specifically linked to criminal offences such as scams, drugs, and terrorism.
Can I Appeal If My Website Is Blocked Under OCHA?
Yes, you have the right to seek a reconsideration from the designated officer who issued the direction. If that is unsuccessful, you can appeal to a Reviewing Tribunal, which will evaluate whether the direction was issued correctly according to the law.
Will Platforms Like Facebook Be Held Liable For Scams Under OCHA?
Designated online service providers must comply with the Codes of Practice to prevent scams. While they may not be directly liable for every individual scammer, they can be fined heavily if they fail to implement the security measures and systems required by the authorities.
