Online Safety (Relief and Accountability) Bill

access that is subject to a precondition, such as the use of a password;

access by way of push technology;

access by way of a standing request; and

access for a limited time only;

a free account;

a prepaid account; and

anything that may reasonably be regarded as the equivalent of an account;

develops and maintains the online location;

organises, manages or supervises the use of the online location;

manages or regulates membership of, or access to, the online location; or

has the authority to decide whether any material may be included on or excluded from the online location or where to place the material on the online location, or otherwise exercises editorial control over the online location,but does not include —

an online service provider which meets any of the criteria in paragraphs (a) to (d) only because the online location is made available through the service it provides;

the provider of an internet access service, or of an app distribution service, which meets any of the criteria in paragraphs (a) to (d) only because the provider provides such a service in relation to the online location; and

a public agency;Illustrations (a) A provides a social media service. As the provider of that service, A has authority to decide whether material may be included on or excluded from any online location maintained using its service. B maintains an online location using A’s service. As the party that maintains that online location on A’s service, B has authority to decide whether material may be included on or excluded from the online location. A has authority to decide whether material may be included on or excluded from B’s online location only because the online location is made available through the service that A provides. B (and not A) is an administrator of that online location. (b) A provides a social media service. As the provider of that service, A has authority to decide whether material may be included on or excluded from any online location maintained using its service. A maintains an online location using A’s service. If the online location were instead maintained by B, A’s service would have given B (as the party that maintains that online location) the authority to decide whether material may be included on or excluded from that online location. A is an administrator of the online location maintained by A.

an administrator does not communicate material communicated by another person at an online location, only because the administrator administers that online location;

an online service provider does not communicate material communicated by another person on or through an online service, only because it provides the online service on or through which the material is communicated;

a provider of an internet access service does not communicate material communicated by another person on or through an internet access service, only because it provides the internet access service on or through which the material is communicated; and

a provider of an app distribution service does not communicate material communicated by another person on or through an app distribution service, only because it provides the app distribution service on or through which the material is communicated;IllustrationX posts a hyperlink to an image. X has communicated that image.

in relation to relevant material, means a person who communicates the relevant material; or

in relation to a relevant class of material, means a person who communicates any online material in the relevant class of material, but does not include a public agency;

has access to any online activity; or

can conduct online activity,on or through the online service;

material in oral, written, electronic or digital form;

material in audio, visual, audiovisual, pictorial or graphic form (for example, an anthropomorphic or humanlike depiction); and

material that consists of or contains a statement,and includes information or material in any combination of forms;ExamplesExamples of material are a message, a post, an article, a speech, a picture, a video recording and a sound recording.

for the purposes of Parts 4, 5 and 6, has the meaning given by section 9(1) to (4); and

for the purposes of Parts 11 and 12, has the meaning given by section 9(1), (2) and (3) only;

online harassment;

doxxing;

non‑consensual disclosure of private information;

online stalking;

intimate image abuse;

image‑based child abuse;

online impersonation;

inauthentic material abuse;

publication of false material;

publication of statement harmful to reputation;

online instigation of disproportionate harm;

incitement of enmity;

incitement of violence;

any other prescribed type of online activity that is likely to cause harm to persons in Singapore (called in this Act a prescribed online harmful activity);

an access blocking order;

an app removal order;

a stop communication direction;

a stop communication (class of material) direction;

a restraining direction;

an access disabling direction;

an access disabling (class of material) direction;

a right‑of‑reply (user) direction;

a right‑of‑reply (online service) direction;

a labelling direction;

an account restriction (administrator) direction;

an account restriction (online service) direction;

an engagement reduction direction;

the Government, including any ministry, department, agency or Organ of State;

any board, commission, committee or tribunal appointed under any written law;

any statutory body; or

any other board, commission, committee or similar body appointed by the Government, or by a statutory body, for a public purpose;

an administrator does not publish material published by another person at an online location, only because the administrator administers that online location;

an online service provider does not publish material published by another person on or through an online service, only because it provides the online service on or through which the material is published;

a provider of an internet access service does not publish material published by another person on or through an internet access service, only because it provides the internet access service on or through which the material is published; and

a provider of an app distribution service does not publish material published by another person on or through an app distribution service, only because it provides the app distribution service on or through which the material is published;

a citizen of Singapore;

a permanent resident of Singapore;

an entity formed, constituted or registered in Singapore; or

an individual physically present in Singapore;

a reference to a notice, a direction or an order under this Act includes a reference to the notice, direction or order (as the case may be) as varied or substituted under this Act;

a reference to communication of material includes a reference to causing the communication of the material;

a reference to publication of material includes a reference to causing the publication of the material; and

a reference to administration of an online location is a reference to the function which a person undertakes as an administrator of the online location.IllustrationX uses a bot to publish on a website insulting material that is likely to cause Y harassment. X has caused the insulting material to be published on the Internet.

on behalf of a person —

make a report under Part 4; or

make an application for reconsideration or appeal under Part 7; or

assist a person to —

make a report under Part 4; or

make an application for reconsideration or appeal under Part 7.

to provide persons affected by online harmful activity with timely means of redress;

to promote online safety for persons;

to perform the powers and duties of the Commissioner under this Act or any other written law subject to the general or special directions of the Minister;

to administer Parts 2 to 9 subject to the general or special directions of the Minister;

to collaborate with the IMDA and any other public agencies, organisations or persons for the promotion of online safety;

to inform and advise the Minister on matters relating to this Act;

to perform any other functions and duties as the Minister may assign to the Commissioner.

a public officer;

any officer or employee of a statutory body;

any other individual who has suitable training or expertise to properly exercise the functions and powers delegated to an authorised officer.

for the purposes of providing practical guidance or certainty in respect of any one or more requirements imposed under Parts 1 to 9;

indicating the manner in which the Commissioner will interpret the provisions of this Act; and

on any other matter about any online harmful activity or online safety that the Commissioner considers necessary.

be of general or specific application; or

specify that different provisions of the advisory guidelines apply to different circumstances or are applicable to different persons or classes of persons.

threatening, abusive, insulting, sexual or indecent; and

likely to cause a person (called in this section the victim) harassment, alarm, distress or humiliation.IllustrationX is a photo‑journalist who documents indigenous tribes. X takes a photograph of a group of naked tribespeople preparing a meal and posts it online as part of X’s work. X’s post is not material that a reasonable person would conclude is sexual or indecent.

the number of all the communications made;

the period of time within which all the communications are made; (c)the nature of each communication or all the communications when taken as a whole; and

the circumstances in which each communication or all the communications when taken as a whole is or are made.

the person’s name, residential address, email address, telephone number, date of birth, national registration identity card number, passport number, signature (whether handwritten or electronic), password or identification code;

any photograph or video recording of the person;

any information about the person’s family, employment or education.

the publication was done without the victim’s consent; and

a reasonable person would conclude that the publication was likely to cause the victim harassment, alarm, distress or humiliation.

the physical appearance of the person; or

the conduct or activities of the person.

that involves online acts or omissions associated with stalking; and

that a reasonable person would conclude is likely to cause the victim harassment, alarm, distress or humiliation.

making any communication, or attempting to make any communication, by any means —

to the victim or a related person;

relating or purporting to relate to the victim or a related person; or

purporting to originate from the victim or a related person;

engaging in online activity in any online location (whether public or private) which is visited by the victim or a related person;

making a presence felt to the victim or a related person in any online location (whether public or private).IllustrationsThe following online activities involve acts associated with stalking of X by Y: (a) Y repeatedly posts emojis or symbols on X’s social media account page even though X has asked Y on multiple occasions to stop interacting with X. (b) Y sends messages to the social media accounts of many family members and friends of X, with disparaging comments about X. (c) X has blocked Y on a social media service and told Y to stop associating with X. Despite this, Y joins every online community that X is part of across multiple social media services, and persistently makes Y’s presence felt to X by engaging in online activity in these communities, even though Y cannot communicate with X directly.The following online activity does not involve acts associated with stalking of X by Y: (d) Y uses Y’s social media account to follow X’s public social media page and regularly checks for updates in a case where X has not taken steps to stop Y from doing so.

the number of occasions on which the online acts or omissions associated with stalking were carried out;

the frequency and the duration of the online acts or omissions associated with stalking that were carried out;

the manner in which the online acts or omissions associated with stalking were carried out;

the circumstances (not limited to online acts or omissions) in which the online acts or omissions associated with stalking were carried out;

the particular combination of online acts or omissions associated with stalking comprised in the course of online conduct;

the likely effects of the course of online conduct on the victim’s safety, health, reputation, economic position, or the victim’s freedom to do any act which he or she is legally entitled to do or not to do any act which he or she is not legally bound to do;

the circumstances of the victim, including his or her physical or mental health and personality.

on one occasion, if —

the conduct is protracted; or

the online stalker has a previous conviction under section 7 of the Protection from Harassment Act 2014 in respect of the same victim; or

on 2 or more occasions in any other case.

that contains, without a person’s (called in this section the victim) consent —

an intimate image or recording of the victim;

an offer to sell or distribute an intimate image or recording of the victim; or

an advertisement of an intimate image or recording of the victim; and

that a reasonable person would conclude is likely to cause the victim harassment, alarm, distress or humiliation.

to send, publish, supply, show, exhibit, transmit or communicate to another person;

to make available for viewing or access by another person;

means an image or a recording (including an image or a recording that has been altered or generated by any means) —

of the person’s genital or anal region, whether bare or covered by underwear;

of the person’s breasts if the person is a female, whether bare or covered by underwear; or

of the person doing a private act; but(b)excludes an image or a recording that no reasonable person would believe depicts that person.Illustrations (a) A copies, crops, and pastes an image of B’s face onto the image of a body of a person who is engaging in a sexual act. This image has been altered to appear to show that B is engaged in the sexual act. This is an intimate image of B. (b) A pastes an image of B’s face onto a cartoon depicting an unknown person performing a sexual act. No reasonable person would believe that B was performing the sexual act. This is not an intimate image of B, but the communication of such an image may, depending on the circumstances, constitute online harassment. (c) A uses digital means, including generative artificial intelligence technology, to create a realistic audiovisual representation of B engaging in a sexual act. This is an intimate recording of B.

is in a state where the person’s genital or anal region, or breasts (if the person is a female), are exposed or covered only by underwear;

is using a toilet, showering or bathing; or

is doing a sexual act that is not of a kind ordinarily done in public.IllustrationA is showering in an open‑concept shower cubicle at the changing room of a swimming pool and cannot reasonably expect not to be casually observed. However, A has a reasonable expectation of privacy that A will not be recorded by a video camera and the recording communicated online. A is doing a private act.

a child abuse image or recording of a person (called in this section the victim);

an offer to sell or distribute a child abuse image or recording of the victim;

an advertisement of a child abuse image or recording of the victim;

any material which appears to be designed or communicated in such a way as to lead to any child abuse image or recording of the victim.Explanation.— Material in subsection (1)(d) includes phrases, keywords, descriptions, hints or hyperlinks published on an online location which enable a person interested in viewing a child abuse image or recording of the victim to locate or access it.

that depicts the child —

as a victim of torture, cruelty or physical abuse (whether or not the torture, cruelty or abuse is sexual);

as a victim of sexual abuse;

engaging in, or apparently engaging in, a sexual pose or sexual activity (whether or not in the presence of another person); or

in the presence of another person who is engaging in, or apparently engaging in, a sexual pose or sexual activity;

that depicts the genital or anal region (whether exposed or covered) of the child where the depiction is sexual and in circumstances (whether or not apparent from the depiction) which a reasonable person would regard as offensive; or

that depicts the breasts (whether exposed or covered) of a female child where the depiction is sexual and in circumstances (whether or not apparent from the depiction) which a reasonable person would regard as offensive.

has a legitimate purpose related to science, medicine, education or art; and

does not pose an undue risk of harm to any person below 16 years of age.Explanation.— Material has a legitimate purpose related to art which a reasonable person would regard as art.IllustrationA is a photo‑journalist in a war zone. A takes a photo of a child victim of torture and communicates this online as part of A’s work as a photo‑journalist. A’s communication has a legitimate purpose related to education.

that has been altered or generated using digital means;

that is a false or misleading depiction, whether express or implied, of the victim’s words, actions or conduct, even though the victim may not appear in the material; and

that is realistic enough such that a reasonable person would believe that the victim said such words or engaged in such actions or conduct.Explanation 1.— A depiction of the victim saying or engaging in anything includes a depiction of the victim’s likeness saying or engaging in that thing.Explanation 2.— The technology known as generative artificial intelligence is an example of digital means by which content could be altered or generated.Illustrations (a) X posts an image of Y standing on a stage, with a text bubble superimposed on the image containing words allegedly spoken by Y. The image is not realistic enough for a reasonable person to believe Y spoke those words. (b) X posts audiovisual material depicting Y engaged in certain conduct, with a prominent label on the material indicating that it is generated using generative artificial intelligence technology. Because of this label, the material is not realistic enough for a reasonable person to believe Y engaged in that conduct. (c) X posts an image of a car driving into a pedestrian. This image was created by taking a photograph of a car and digitally replacing its number plate with that of a car belonging to Y, so that it implies that Y had driven Y’s car into the pedestrian. The image is realistic enough such that a reasonable person would believe Y had done so. This is inauthentic material depicting Y’s conduct, even though Y does not appear in the image.

the publication of online material that contains or consists of a false statement of fact about a person (called in this section the victim); and

that a reasonable person would conclude is likely to cause harm to the victim.

the statement is to be ascertained from a reasonable interpretation of the online material whether wholly or in part, and whether on its own or in the context in which it appears;

there can be more than one reasonable interpretation of the online material; (c)a statement of fact is a statement that a reasonable person seeing, hearing or otherwise perceiving it would consider to be a representation of fact.

harm to the reputation of the victim; and

any other additional harm to the victim.

the statement is to be ascertained from a reasonable interpretation of the online material whether wholly or in part, and whether on its own or in the context in which it appears;

there can be more than one reasonable interpretation of the online material;

the statement may be a statement of fact or an opinion, and if a statement of fact, it may be a true or false statement of fact.

the statement tends to instigate the public or a section of the public to act or omit to act in response to an alleged speech or conduct of a person (called in this section the victim) or a person associated with the victim (called in this section the victim’s associate);

the act or omission that the statement tends to instigate would increase the risk of the victim suffering harm;

the act or omission or the harm mentioned in paragraph (b) is disproportionate to —

where the statement tends to instigate a response to an alleged speech or conduct of the victim — the wrongfulness (if any) of the alleged speech or conduct, or of any relevant actual speech or conduct, of the victim; or

where the statement tends to instigate a response to an alleged speech or conduct of the victim’s associate —

the wrongfulness (if any) of the alleged speech or conduct, or of any relevant actual speech or conduct, of the victim’s associate; and

the extent and nature of the association (if any) between the victim and the victim’s associate’s alleged or actual speech or conduct, as the case may be.IllustrationA is the father of B. B acted in a highly offensive manner. C makes a statement that tends to instigate the public to act in a manner that increases the risk of harm to A in response to B’s conduct. In assessing the extent and nature of the association (if any) between the victim and the victim’s associate’s conduct (as mentioned in subsection (1)(c)(ii)(B)), so as to determine whether the requirement of disproportionality in subsection (1)(c) is met, the Commissioner may consider whether A taught B to act or not to act in that way.

the statement is to be ascertained from a reasonable interpretation of the online material whether wholly or in part, and whether on its own or in the context in which it appears;

there can be more than one reasonable interpretation.

the nature of the act or omission that the statement tends to instigate, including whether the act or omission is or is likely to constitute a criminal offence under any written law;

the nature of the harm mentioned in subsection (1)(b), including the severity of that harm;

whether the victim or the victim’s associate did in fact engage in the alleged speech or conduct;

whether the alleged speech or conduct, or any relevant actual speech or conduct of the victim or the victim’s associate, would be a reasonable expression of an opinion on a matter of public interest or public controversy; and

any other relevant factor.

voting for any candidate in an election for the purpose of electing the President or a Member of Parliament;

conducting or otherwise participating in or attending a political activity;

communicating a statement calling for the removal or suspension of a political office holder or Member of Parliament from his or her office;

communicating a statement to a political office holder, a Member of Parliament or a public body on a matter of public interest or public controversy.

any activity that is directed to influence, or seek to influence, the outcome of an election to the office of the President, a general election of Members of Parliament, a by‑election of a Member of Parliament, or a referendum;

any activity that is directed towards promoting the interests of a political party or other group of persons organised in Singapore for a political object; and

any activity that is directed to bring about, or seek to bring about, changes of the law in the whole or a part of Singapore, or to otherwise influence, or seek to influence, the legislative process or outcome in Singapore;

the President;

the Prime Minister;

a Deputy Prime Minister;

a Minister, Senior Minister or Co‑ordinating Minister;

a Senior Minister of State or Minister of State;

a Senior Parliamentary Secretary or Parliamentary Secretary;

the Speaker of Parliament or a Deputy Speaker of Parliament;

a Mayor;

a Political Secretary; or

the Leader of the House;

the Government, including any ministry, department, agency or Organ of State;

a prescribed statutory body; and

any prescribed board, prescribed commission, prescribed committee or similar prescribed body, whether corporate or unincorporate.

communication which is private or domestic in nature, having regard to —

the number of persons who are likely to hear, see or otherwise perceive the communication in question;

the relationship between the persons that the communication is being or has been made; and

all other relevant circumstances; or

communication made in circumstances that may reasonably be taken to indicate that the parties to the communication desire it to be heard, seen or otherwise perceived only by themselves.

whether the material dehumanises any person or persons, or otherwise portrays them as less than human;

the intensity of the feelings of enmity, hatred or hostility that are incited or are likely to be incited;

the tendency of the material to incite any act or omission that is or is likely to constitute a criminal offence under any written law.

a citizen of Singapore;

a permanent resident of Singapore; or

a person who has a prescribed connection to Singapore,is eligible to make a report to the Commissioner about the alleged online harmful activity.

where the victim is below 18 years of age, the victim’s parent or guardian;

a person (including a public agency) of such description as may be prescribed, and different descriptions of persons may be prescribed in relation to each type or description of online harmful activity;

a person (including a public agency) whom or which the Commissioner is satisfied has obtained the written authorisation or written consent to make the report on behalf of the victim.

is a citizen of Singapore, a permanent resident of Singapore or a person who has a prescribed connection to Singapore; and

fulfils the requirements that are prescribed in relation to the report on alleged incitement of enmity or incitement of violence, as the case may be.

in Part 3, in the definition of the type of online harmful activity that is the subject of the report mentioned in subsection (1); or

in the definition of any prescribed type of online harmful activity mentioned in paragraph (n) of the definition of “online harmful activity” in section 3(1).

made in the form and manner that the Commissioner may determine; and

accompanied by any other particulars, statements, information or documents as the Commissioner may require.

the person who made the report is not a person who is eligible to make a report under section 22;

the person who made the report did not comply with any prescribed requirement mentioned in section 23(2);

the report did not comply with any requirement under section 23(3);

the Commissioner is of the opinion that the matter may be more appropriately addressed by another public agency and has referred the matter to that public agency;

the Commissioner is of the opinion that —

the report has been resolved; or

any other circumstances warrant such suspension, discontinuation or refusal.

any individual whether or not a resident or citizen of Singapore, whether physically present in Singapore or outside Singapore, and whether carrying on a business or operating in Singapore or outside Singapore; or

any entity whether formed, constituted or registered in Singapore or outside Singapore, and whether carrying on a business or operating in Singapore or outside Singapore.

approved, endorsed, promoted, provided a testimonial for or invested in; or

is affiliated or associated with,any genuine or purported —

trade;

investment;

business;

commercial activity; or

online location soliciting funding, donations or financial support.Illustrations (a) X publishes a false statement that Y recommends the services of a particular business. This is a false statement of fact that Y endorsed the business. (b) X publishes a false statement that Y is a consultant for a purported new investment scheme. This is a false statement of fact that Y is associated with the investment scheme. (c) X organises a conference to launch new products as part of X’s business. Y attended the conference. X publishes a series of uncaptioned photographs of the audience at this conference, one of which showed Y among a crowd of other attendees. This photograph of Y does not contain or consist of a statement of fact that Y approved, endorsed, promoted, provided a testimonial for or invested in, or is affiliated or associated with, X’s business.

to remove the relevant material;

to stop storing, posting, providing or transmitting the relevant material;

to suspend, remove, delete or terminate the relevant location.

to remove any online material similar to the relevant material;

to stop storing, posting, providing or transmitting any online material similar to the relevant material.