askST: How can new laws help victims of online harms?
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A recent survey of over 2,000 people found that three-quarters of them had encountered harmful content online.
PHOTO: TNP FILE
SINGAPORE – Victims of certain online harms will have access to a range of measures to seek more timely redress under a new, as yet unnamed agency dedicated to enhancing online safety, the Ministry of Law (MinLaw) and Ministry of Digital Development and Information (MDDI) announced on Nov 22.
With a recent poll of more than 2,000 people here finding that three-quarters of them had encountered harmful content online, The Straits Times looks at how the proposed measures could help these victims against online harassment, hate speech and false statements.
Q: What avenues does the new agency provide to help victims of online harms?
A: The agency will allow victims to submit complaints about specific online harms, so they can quickly put a stop to such harms.
It will also introduce statutory torts – a type of civil wrong – allowing them to hold responsible parties liable for online harms and seek claims from them.
MDDI and MinLaw are also exploring the possibility of making the user information of perpetrators available to complainants, subject to certain requirements, to increase online accountability.
Q: What online harms can victims submit complaints about?
A: The proposed complaints mechanism will allow victims to seek redress for 10 types of online harms: online harassment (including cyber stalking and doxxing), abuse of intimate images through non-consensual sharing, child abuse materials, impersonation, misuse of inauthentic materials such as deepfakes, online statements instigating disproportionate harm, hate speech, misuse of personal information, as well as false statements and statements affecting the reputation of the complainant.
Q: What will the proposed measures do to address such harms?
A: Once a complaint is made, the agency will be able to issue directions against three categories of parties involved in making such harmful online content available – communicators (referring to individuals or groups that post such content online), administrators (people who set up or manage online locations such as Facebook groups where the material can be viewed), and platforms (referring to entities such as Facebook or TikTok that provide services where such material is available).
These parties can first be directed to disable access to such content for users in Singapore, or allow complainants the right of reply to defend themselves against false statements or statements affecting their reputation.
Individuals or groups who post such materials will also have to include a notice indicating that they have been subjected to the agency’s directions, similar to correction notices under the Protection from Online Falsehoods and Manipulation Act.
In more serious cases, online groups can be closed or an individual’s account deactivated.
These directions must be complied with within a specified timeframe.
Non-compliance could result in the agency taking steps such as directing internet service providers to disable access to online locations hosting the harmful content, or instructing app stores to remove applications containing such harmful content.
Q: What are statutory torts, and how can they help victims of online harms?
A: Statutory torts refer to wrongful acts, as determined by legislation, that cause harm or injury to others, leading to civil liability.
The proposal covers seven online harms – online harassment, intimate image abuse, child abuse material, impersonation, misuse of inauthentic material, online statements instigating disproportionate harm and hate speech.
It does not cover all the harms addressed by the complaints mechanism, so as to avoid duplicating existing laws.
Victims can pursue claims against communicators, who must not publish the seven specified harms.
For administrators or platforms, they must not administer online locations encouraging the risk of these harms, and must take reasonable steps to address harms they have been made aware of.
Those who fail to do so will be liable for losses or harm suffered by the victim, up to a certain limit.
Q: How can disclosing user information make people safer?
A: Making the user information of perpetrators of online harms available to complainants can improve accountability by deterring people from committing such harms.
Complainants can use such information for reasons such as protecting themselves against these users or bringing claims against these users under the statutory torts.
