Proposal to let victims of online harms take tech platforms to court gets public support

A proposal to let victims of online harms take social media platforms as well as perpetrators to court to seek compensation has received support from most of the respondents in a recent public consultation, paving the way for a new Bill.

More than 95 of over 100 respondents backed this proposal to have specified online harms heard in local courts, said the Ministry of Law (MinLaw) and Ministry of Digital Development and Information (MDDI) on March 6 in their findings.

These harms include online harassment (such as cyber bullying and sexual harassment), intimate image abuse, child abuse material, impersonation, deepfakes and hate speech.

“There was also broad agreement that communicators, administrators and platforms should be subject to the duties not to commit online harms or to act on online harms that are brought to their notice, and may be sued for damages if they breach those duties,” said the ministries, publishing the results of their one-month public consultation that had concluded on Dec 22, 2024.

The respondents included members of the public, community groups, academics and major social media companies.

Their support for the proposal was primarily driven by demands to hold perpetrators accountable and deter harmful behaviour, the ministries said in a report of their key findings.

Respondents were also motivated by the need to provide compensation for victims and the importance of compelling platforms to be accountable to their users, the ministries added.

However, there was some pushback against the policies to take tech platforms to court, with some industry respondents raising concerns over the blurring of lines between the responsibility of content creators and that of the platforms that host the content.

The industry partners, which were not named, were cited as saying that such policies could lead to overly defensive behaviour, cause too much content to be taken down, and affect free speech.

There is also the risk of frivolous lawsuits and the need for clearer legal definitions due to the subjective nature of some harms, according to the findings.

MDDI and MinLaw agreed with the need to encourage responsible online behaviour, and at the same time, mitigate unwanted outcomes through legal means.

But the ministries stood their ground and said that the victims’ right to have their grievances heard in court will encourage administrators and platforms to “act reasonably” to reports of online harms.

Platforms risk being liable for damages if they do not take steps to address a harm that they are notified of within a reasonable time, according to MDDI and MinLaw’s proposal.

The ministries added that at the same time, clear details on the legislation are needed, and that frivolous or vexatious complaints should be discouraged with strong deterrent measures.

Another key proposal that received overwhelming support is the setting up of a dedicated government agency to provide timely and effective assistance to victims of online harms.

MDDI and MinLaw proposed that the upcoming agency will be able to order content creators and platforms to disable access to material containing the online harms and order the closure of offending online groups.

More than 90 per cent of respondents in the consultation supported plans for the new agency, amid intensifying online harms such as cyber bullying, deepfakes and child sexual abuse material.

“Respondents agreed that a government-backed agency would add credibility and provide reassurance to those affected by online harms,” said MDDI and MinLaw, adding that the new agency would simplify the process of seeking help, without needing victims to go through a lengthy or expensive court process.

Plans to launch a dedicated agency follow Australia’s eSafety Commissioner, which is similarly tasked with addressing online harms by investigating complaints and directing platforms to remove content.

The Singapore agency’s aim is to ensure victims are not dissuaded over fears of being bogged down by the time-consuming process of reporting online harms today, said MDDI and MinLaw.

Industry players were cited by MDDI and MinLaw as saying that the new online harms agency needs to be balanced in addressing complaints, and set out clear and fair parameters and an appeal process.

Agreeing, the ministries said they will make clear the definitions of online harms, along with guidelines on how the agency will address them.

Roughly four in five respondents also supported a proposal to allow victims to obtain the user information of perpetrators to take the case to court or to protect themselves from the perpetrator by removing online anonymity.

Industry and other respondents flagged potential for the information to be misused, including the risks of doxing or vigilantism. Some said it will be tough to collect and share the data, as it goes against the platforms’ data privacy principles and foreign laws.

It is yet to be seen how such disclosures would work regarding anonymous accounts, too, according to industry feedback captured during the public consultation.

MDDI and MinLaw pledged to work with industry partners to iron out the process of collecting user information, adding that safeguards will ensure that sensitive information is handled only by authorised entities and must comply with existing data protection laws.

Thanking the industry for providing feedback, Minister for Digital Development and Information Josephine Teo said in a LinkedIn post on March 6: “These conversations have enabled all parties to better understand one another’s perspectives and collectively tackle the complexities of online harms.”

She added: “These contributions are crucial as we prepare to table the Bill in Parliament in the coming months.”

Experts whom The Straits Times spoke to said the consultation findings reflect a strong public backing for action.

Lawyer Stefanie Yuen Thio said: “Most of the survivors we work with through our dedicated victims’ support centre say their top priority is to have the post removed quickly. The proposals in the consultation paper will start to address this most pressing concern.”

She chairs SG Her Empowerment, which runs SheCares@SCWO, a centre that supports victims of online harms. Doxing, cyber bullying and non-consensual intimate image sharing are all on the rise, the centre reported in February.

Dr Chew Han Ei, an adjunct senior research fellow at the Institute of Policy Studies, said the ability to retrieve a wrongdoer’s information is a powerful step in helping victims, adding that metadata such as internet protocol addresses and device logs can be used to probe serious harms.

But this should be reserved for more severe cases, such as for violent extremist content or the sharing of intimate images without consent, he added. 

Giving victims the means to seek redress in court will go a long way to reassure them and make them feel safe again in online interactions, said Mr Darius Lee, executive director of social services organisation Cultivate SG. But it will be an uphill battle to set common standards for victims to retrieve the information of perpetrators, as data privacy laws differ around the world.

Source: The Straits Times © SPH Media Limited. Permission required for reproduction.

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