Introduction
On 22 November 2024, the Ministry of Law (MinLaw) and the Ministry of Digital Development and Information (MDDI) launched a public consultation on proposed legislation to enhance online safety in Singapore. The consultation will run until 22 December 2024. The changes come as a 2024 MDDI online safety poll found that close to three in four respondents encountered harmful online content, which is an increase from 2023’s survey. Further, victims face limitations in seeking relief under existing regulations.
New agency and complaints mechanism
A dedicated agency will support victims of online harms (see our previous Client Alert). This agency will administer a complaints mechanism for victims to report various types of online harms, including cyberbullying, sexual harassment, and the non-consensual sharing of intimate images. The agency will have the authority to issue directions to perpetrators, administrators, and online platforms to disable access to harmful content or grant victims the right of reply in cases of false statements.
Introduction of statutory torts
The proposed legislation introduces statutory torts for specific online harms. The statutory torts cover seven types of online harms: online harassment (e.g., doxing and cyberbullying), intimate image abuse, child abuse material, impersonation, misuse of inauthentic material (e.g., deepfakes), online statements instigating disproportionate harm, and violence-inciting hate speech. This measure aims to give victims more legal certainty and a clear path to seek compensation for damages from responsible parties.
Improved user information disclosure
To further enhance accountability, the proposals include measures to improve the disclosure of user information. Victims who have filed complaints with the new agency may request the disclosure of a perpetrator’s user information for specific purposes, such as bringing a claim under the statutory torts or safeguarding themselves from further harm. This measure limits the ability of bad actors to avoid repercussions by exploiting online anonymity.
Conclusion
These new measures continue Singapore’s progress towards safer online spaces in an increasingly digitalised world. Companies operating online services in Singapore should review current online safety practices and consider implementing additional measures to mitigate risks associated with online harms, and respond promptly to directions from the new agency.
Reed Smith LLP is licensed to operate as a foreign law practice in Singapore under the name and style Reed Smith Pte Ltd (hereafter collectively, "Reed Smith"). Where advice on Singapore law is required, we will refer the matter to and work with Reed Smith's Formal Law Alliance partner in Singapore, Resource Law LLC, where necessary.
Client Alert 2024-238
