Following our previous update on the passing of the Online Safety (Miscellaneous Amendments) Act, the IMDA released the finalised version of the Code and its accompanying Guidelines on 17 July 2023, together with a list of SMSs to which the Code applies. The IMDA also announced that the Code would take effect from 18 July 2023.
The Code is issued in accordance with the IMDA’s powers under section 45L of the Broadcasting Act 1994 (“Broadcasting Act”) to require providers of a “regulated online communication service” (which include SMSs) to comply with certain codes of practice.
The finalisation of the Code follows the recent trend of online content regulations and online child safety regulations and policies worldwide, such as the United Kingdom’s Online Safety Bill, the European Union’s Digital Services Act, Ireland’s Online Safety and Media Regulation Bill, and Vietnam’s Decree No. 56/2017/ND-CP detailing the Law on Children and National Programme on Child Online Protection.
Only the following designated SMSs must comply with the Code:
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The Code is intended to compel SMSs to enhance online user safety (particularly for children) and curb the spread of harmful content on their service. There are several categories of “harmful content”, including sexual content, violent content, suicide and self-harm content, cyberbullying content, content endangering public health, and content facilitating vice and organised crime. The IMDA has also released the Guidelines on Categories of Harmful Content to illustrate what content may be considered harmful and/or inappropriate.
Broadly speaking, SMSs have to comply with obligations relating to (1) user safety; (2) user reporting and resolution; and (3) accountability.
Failure to comply with the Code may result in a fine of up to SGD 1 million.
As the Code has just come into effect, it remains to be seen how the IMDA intends to supervise compliance, apart from via the annual online safety reports submitted by the SMSs.
In line with the emphasis on children’s safety in the Code, the government has also very recently shown an intention to develop more regulations on children’s personal data as well. On 19 July 2023, the PDPC also launched the Public Consultation for Proposed Advisory Guidelines on the Personal Data Protection Act for Children's Personal Data, which sets out the PDPC's intention to develop a new set of advisory guidelines specifically addressing children’s data, with potential new requirements regarding data protection, data breach notification and more. The public consultation period will end on 31 August 2023.
For more information contact Jeremy Tan, Elaina Foo and Jia Yi Chan