Online harms victims can seek civil damages under new law debated in Parliament

SINGAPORE – Victims of online harms can seek damages against platforms, administrators and communicators under proposed new legislation debated in Parliament on Nov 5.

These include compensation for loss of earnings, or an account of profits so wrongdoers cannot retain the benefits. These civil remedies are set out in a framework under

the Online Safety (Relief and Accountability) Bill

.

“At its heart, this Bill is about empowering victims,” said Minister for Law Edwin Tong.

“For some harms, the victims’ earning capacity or livelihoods may be affected, and they should be compensated for their loss of future earnings and the loss of earning capacity, as may be appropriate,” said Mr Tong, who is also Second Minister for Home Affairs.

“In other cases, such as where intimate images have been put online for sale, perpetrators may profit from the harm – then in those cases, an account of profits may be ordered so the wrongdoers cannot retain the benefits.”

The types of harm covered include intimate image abuse, image-based child abuse, and online impersonation, among others.

Recalcitrant administrators and communicators could also face enhanced damages under the framework.

Enhanced damages can be awarded to compensate a victim for additional harm caused by the refusal to stop the online harm, and to penalise the perpetrator, said Mr Tong.

He said that just as motor-safety laws introduced in the 1960s eventually made cars safer and reshaped how vehicles were designed, the new Bill can set the right tone for online behaviour for users and platforms.

“They will guide conduct not only through monetary damages, but through shared expectations made explicit,” he said.

Mr Tong also explained how the new Bill will prevent perpetrators from hiding behind a veil of anonymity online. Today, victims need to start court proceedings, which may be costly and time-consuming, to obtain information about the identity of wrongdoers.

But a new 

one-stop government agency

called the Online Safety Commission (OSC) will be empowered to obtain identity information of a perpetrator from online platforms, similar to how law enforcement agencies are empowered to obtain such information for investigations. These include the user’s name, verified phone numbers or credit card information that can be used to make further inquiries with telcos or banks.

The perpetrator’s identity information may also be disclosed to victims to allow the latter to safeguard themselves. The OSC may impose strict conditions on how the information can be used, such as using it to pursue legal remedies or seek protection, Mr Tong said, addressing privacy concerns.

If a victim were to use the information to dox the perpetrator, that could be an offence as well, he said.

Mr Tong also responded to a proposed amendment by Workers’ Party MP He Ting Ru (Sengkang GRC) to add a right to appeal to the High Court for those dissatisfied with the decisions of the OSC. The current Bill provides for an appeal to an independent panel, whose decision is final.

Mr Tong said the Government had considered options similar to Ms He’s proposal, but decided against them as they would slow down the process.

“Each new appeal means fresh rounds of arguments, delay (and also uncertainty) in dealing with harmful content, as well as renewed anxiety for those already hurt, who quite likely will have to remain engaged throughout the appeal process,” said Mr Tong.

Platforms, administrators and some content creators can also be very well resourced, and individual victims would be dissuaded from coming forward to seek redress against them, he added.

“The OSC’s process is deliberately straightforward – fast, simple and focused on stopping harm quickly, not spending time arguing about it,” said Mr Tong.