Statute Details
- Title: Online Criminal Harms (Service) Regulations 2024
- Act Code: OCHA2023-S45-2024
- Type: Subsidiary legislation (SL)
- Authorising Act: Online Criminal Harms Act 2023
- Enacting authority: Minister for Home Affairs
- Power relied on: Section 60 of the Online Criminal Harms Act 2023
- Commencement: 1 February 2024 (Regulation 1)
- Made date: 29 January 2024
- Current status: Current version as at 27 Mar 2026
- Key provisions (from extract): Regulations 1–5; definitions in Regulation 2; service methods in Regulation 3; conditions for substituted service in Regulation 4; when service takes effect in Regulation 5
- Notable amendment shown in extract: S 528/2024 (w.e.f. 24/06/2024) amending definitions of “Part 2 notice”, “Part 4 notice”, and “Part 6 notice”
What Is This Legislation About?
The Online Criminal Harms (Service) Regulations 2024 (“Service Regulations”) are subsidiary legislation made under the Online Criminal Harms Act 2023 (“OCHA”). In plain language, these Regulations set out how legal documents under the OCHA regime must be served on individuals and other persons—particularly where the documents relate to directions, notices, orders, or decisions that can be issued in response to online criminal harms.
In many regulatory and enforcement contexts, the effectiveness of a legal process depends on whether the relevant documents were properly served. Service rules determine what counts as notice, how notice is delivered, and when notice is legally treated as having taken effect. This is especially important where the OCHA framework may impose obligations, require rectification, or trigger time-sensitive actions by affected persons.
The Service Regulations modernise service by expressly permitting electronic service—including service via telephone accounts, email, online locations, and publication in the Gazette or other media—while also imposing safeguards. Those safeguards ensure that substituted service (such as publication) is used only when the person cannot be found and key contact details cannot be ascertained despite due diligence.
What Are the Key Provisions?
1. Citation and commencement (Regulation 1)
The Regulations are cited as the Online Criminal Harms (Service) Regulations 2024 and come into operation on 1 February 2024. For practitioners, this matters when assessing whether a particular service method was available at the time a document was issued or served.
2. Definitions tailored to online communications (Regulation 2)
Regulation 2 defines key terms used throughout the Service Regulations. The definitions are designed to map legal service concepts onto the online environment regulated by OCHA. In particular, the Regulations define:
- “electronic service”: a service enabling end-users to access or receive information/material via broadcasting or telecommunication services.
- “SMS” and “SMS message”: short text messaging services and the messages sent using them.
- “MMS” and “MMS message”: multimedia messaging services and messages sent using them.
- “social media service”: an electronic service whose sole or primary purpose is online interaction/linking between end-users and that allows end-users to post information/material.
- “relevant electronic service”: a category of services supplied to the public, including email, online instant messaging, online games, services specialising in links/access/information about online locations (e.g., search engines/directories/web browsers), and point-to-multipoint services.
- “Part 2 notice”, “Part 4 notice”, and “Part 6 notice”: defined by reference to specific provisions in the OCHA (as amended by S 528/2024 w.e.f. 24/06/2024).
These definitions are not merely descriptive. They determine which accounts and platforms can be used for service and which types of documents fall within the service regime.
3. Additional means of service (Regulation 3)
Regulation 3 is the core operational provision. It prescribes additional means of service for documents under the OCHA framework. Specifically, for the purposes of section 45(5)(c) of the Act, it prescribes means of service for the following documents addressed to a person:
- any Part 2 direction or Part 2 notice (Regulation 3(1)(a));
- any Part 4 notice or implementation directive (Regulation 3(1)(b));
- any Part 6 order or Part 6 notice (Regulation 3(1)(c));
- any notice under sections 47 or 48 of the Act (Regulation 3(1)(d)).
The Regulation then sets out multiple service channels:
- Electronic copy to accounts (Regulation 3(2)): If the person has a telephone account or an account on a social media service or relevant electronic service that the person may be contacted at, service may be effected by sending an electronic copy of the document (or an electronic notice) to that account.
- Service via online location (Regulation 3(3)): If the person is the proprietor of an online location and that location provides a means for corresponding (e.g., feedback function) or for posting comments, service may be effected by posting an electronic copy or notice on that online location.
- Publication in the Gazette (Regulation 3(4)): Subject to Regulation 4, service may be effected by publishing a copy of the document or notice in the Gazette.
- Publication in daily newspapers and on an official website (Regulation 3(5)): Subject to Regulation 4, service may also be effected by publishing a copy in a daily newspaper circulating in Singapore (or other news media likely to bring the document to the person’s attention) and on an official website.
Finally, Regulation 3(6) imposes a content requirement for the electronic notice/notice used in the electronic and publication methods: it must (a) identify the document to be served and (b) state how the person may obtain a copy of the document. This is a practical safeguard to ensure the notice is not merely a “label” but provides actionable information.
4. When substituted service applies (Regulation 4)
Regulation 4 limits when the publication-based methods in Regulation 3(4) and (5) may be used. It applies only if all the listed conditions are met:
- the person cannot, by exercising due diligence, be found;
- the person’s name, residential address, business address, and last email address cannot be ascertained by due diligence;
- the person does not appear to have any account mentioned in Regulation 3(2);
- the person is not the proprietor of an online location mentioned in Regulation 3(3);
- the person has not agreed to a chosen means of notification or a chosen means of access; and
- the person has not appointed an appointed representative to accept service.
For practitioners, this is a significant compliance threshold. It effectively requires the serving authority to demonstrate (or be able to show) that reasonable steps were taken to locate the person and identify workable contact channels before resorting to publication.
5. When service takes effect (Regulation 5)
Regulation 5 clarifies the legal timing of service, which is often critical for calculating deadlines for compliance, appeals, or further procedural steps under the OCHA.
- Electronic service via accounts or online location (Regulation 5(1)): service takes effect when the person is capable of retrieving the electronic copy or electronic notice from the relevant account.
- Publication service (Regulation 5(2)): service takes effect at the beginning of the day after the date of publication in the Gazette or other permitted media.
The “capable of retrieving” standard is practical but may be litigated in edge cases (e.g., account access issues). It is therefore important for counsel to consider evidence of availability and the steps taken to deliver the electronic copy/notice.
How Is This Legislation Structured?
The Service Regulations are concise and structured as follows:
- Regulation 1: Citation and commencement.
- Regulation 2: Definitions of key terms, including electronic communication services and categories of notices tied to the OCHA’s Parts.
- Regulation 3: Additional means of service for specified OCHA documents, including electronic service to accounts, service via online locations, and publication methods (subject to Regulation 4).
- Regulation 4: Conditions that must be satisfied before publication-based service methods can be used.
- Regulation 5: When service takes effect for electronic and publication methods.
Notably, the Regulations do not create substantive obligations on the regulated person; rather, they provide the procedural mechanics for serving documents issued under the OCHA.
Who Does This Legislation Apply To?
The Service Regulations apply to persons who are addressed with specific documents under the OCHA framework—namely Part 2 directions/notices, Part 4 notices/implementation directives, Part 6 orders/notices, and notices under sections 47 and 48 of the Act. The Regulations therefore operate in the context of enforcement and administrative actions under OCHA.
In practical terms, the Regulations are designed to reach individuals and entities that may be difficult to serve through traditional means, including those who maintain telephone accounts, email accounts, social media accounts, or operate online locations. The rules also contemplate scenarios where the person cannot be located despite due diligence, allowing publication as a last resort.
Why Is This Legislation Important?
First, the Service Regulations are crucial for procedural validity. Under the OCHA regime, affected persons may face time-bound requirements and consequences. If service is defective, it can undermine the fairness and enforceability of subsequent steps. These Regulations reduce uncertainty by specifying permissible service methods and the precise moment service takes effect.
Second, the Regulations reflect the reality that online criminal harms often involve actors who communicate through digital channels. By defining and permitting service via SMS, MMS, email, social media accounts, relevant electronic services, and online location mechanisms, the Regulations enable the authorities to deliver notices in a manner consistent with how people actually operate online.
Third, the due diligence and “only if” conditions in Regulation 4 provide a balancing mechanism. Publication in the Gazette or newspapers is not a default option; it is available only when the person cannot be found and key contact details and account-based routes are unavailable. This structure supports both effective enforcement and procedural safeguards.
Related Legislation
- Online Criminal Harms Act 2023 (including sections referenced in the Service Regulations, such as sections 14, 17, 20, 22, 24, 33, 36, 45, 47, and 48)
Source Documents
This article provides an overview of the Online Criminal Harms (Service) Regulations 2024 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.