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Singapore: Online Criminal Harms Bill passed in parliament

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In brief

The Online Criminal Harms Bill was passed in parliament on 5 July 2023, after its second reading. The bill follows a suite of legislation aimed at protecting the public from harms in the online space and introduces mechanisms for authorities to more effectively tackle online criminal activity.

There has been no material change between the legislation that was passed and the bill that was first read in parliament. For more information on the bill, please refer to our client alert here.

A key feature of the Online Criminal Harms Act is that it allows the government to issue directions to any online service where there is a reasonable suspicion that the service is being used to conduct criminal activity (“Government Directions“). Depending on the content and recipient, a total of five types of Government Directions may be issued under the bill:

  1. Stop communication direction. This requires persons who have control of the relevant material or proprietor of the online location (i.e., persons and entities who communicated online content) to stop communicating the specified online content to people in Singapore, whether by removing the relevant material, stopping the storing, posting, providing or transmitting of any online material similar to the relevant material, or disabling access to the relevant online location.
  2. Disabling direction. This requires online service providers (excluding internet access service or app distribution service) to disable access to specified content (e.g., a post or page) on their service to people in Singapore, including the disabling of access to such material, any identical copies of the relevant material or any relevant online location.
  3. Account restriction direction. This requires online service providers to disallow or restrict interaction of an account on their service from communicating with people in Singapore, whether by terminating, suspending or restricting functionalities in relation to that online account.
  4. Access blocking direction. This requires internet service providers to block access to an online location, such as a web domain, from the view of people in Singapore.
  5. App removal direction. This requires app stores to remove an app from their Singapore storefront to stop further downloads of the app by people in Singapore.

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For further information and to discuss what this might mean for you, please get in touch with your usual Baker McKenzie contact.

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Andy Leck is the head of the Intellectual Property and Technology (IPTech) Practice Group and a member of the Dispute Resolution Practice Group in Singapore. He is a core member of Baker McKenzie's regional IP practice and also leads the Myanmar IP Practice Group. Andy is recognised by reputable global industry and legal publications as a leader in his field. He was named on "The A-List: Singapore's Top 100 lawyers" by Asia Business Law Journal 2018. In addition, Chambers Asia Pacific notes that Andy is "a well-known IP practitioner who is highlighted for his record of handling major trade mark litigation, as well as commercial exploitation of IP rights in the media and technology sectors. He's been in the industry for a long time and has always been held in high regard. He is known to be very fair and is someone you would like to be in the trenches with you during negotiations." Furthermore, Asian Legal Business acknowledges Andy as a leading practitioner in his field and notes that he “always gives good, quick advice, [is] client-focused and has strong technical knowledge for his areas of practice.” Andy was appointed by the Intellectual Property Office of Singapore (IPOS) as an IP Adjudicator to hear disputes at IPOS for a two-year term from April 2021. He has been an appointed member of the Singapore Copyright Tribunal since May 2010 and a mediator with the WIPO Arbitration and Mediation Center. He is also appointed as a Notary Public & Commissioner for Oaths in Singapore. He previously served on the International Trademark Association’s Board of Directors and was a member of the executive committee.

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Ren Jun Lim is a principal with Baker McKenzie Wong & Leow. He represents local and international clients in both contentious and non-contentious intellectual property matters. He also advises on a full range of healthcare, as well as consumer goods-related legal and regulatory issues. Ren Jun co-leads Baker McKenzie Wong & Leow's Healthcare as well as Consumer Goods & Retail industry groups. He sits on the Law Society of Singapore IP Committee and on the Executive Committee of the Association of Information Security Professionals. He is also a member of the Vaccines Working Group, Singapore Association of Pharmaceutical Industries, a member of the International Trademark Association, as well as a member of the Regulatory Affairs Professionals Association. Ren Jun is ranked in the Silver tier for Individuals: Enforcement and Litigation and Individuals: Prosecution and Strategy, and a recommended lawyer for Individuals: Transactions by WTR 1000, 2020. He is also listed in Asia IP's Best 50 IP Expert, 2020, recognised as a Rising Star by Managing IP: IP Stars, 2019 and one of Singapore's 70 most influential lawyers aged 40 and under by Singapore Business Review, 2016. Ren Jun was acknowledged by WTR 1000 as a "trademark connoisseur who boasts supplementary knowledge of regulatory issues in the consumer products industry." He was also commended by clients for being "very responsive to enquiries and with a keen eye for detail, he is extremely hands-on. His meticulous and in-depth approach to strategising is key to the excellent outcomes we enjoy."

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Ken Chia is a member of the Firm’s IP Tech, International Commercial & Trade and Competition Practice Groups. He is regularly ranked as a leading TMT and competition lawyer by top legal directories, including Chambers Asia Pacific and Legal 500 Asia Pacific. Ken is an IAPP Certified International Privacy Professional (FIP, CIPP(A), CIPT, CIPM) and a fellow of the Chartered Institute of Arbitrators and the Singapore Institute of Arbitrators.

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Sanil is a local principal in the Intellectual Property & Technology Practice Group in Baker McKenzie Wong & Leow. Sanil is qualified in both Singapore and Australia, and is a Certified Information Privacy Professional (CIPP/A) by the International Association of Privacy Professionals. Sanil is recognized as a Rising Star by both Legal 500 Asia Pacific in the Intellectual Property: Local Firms category as well as by IP Stars for his advisory work in the IP space. Sanil is also recommended by World Trademark Review 1000 for IP enforcement, litigation, prosecution and strategy.

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