Duties of online platforms

An online harm notice is a written notice sent by a victim to an online platform, stating that online harmful activity has occurred by means of the online platform’s service.

The notice must be sent in the required form and manner, and contain the required particulars. This is so that the online harmful activity is identified clearly enough for the online platform to address it.

For more information on online harm notices, see here.

After receiving an online harm notice, an online platform must respond reasonably within a reasonable time.

This means the online platform must:

• take reasonable care to assess whether the online harmful activity identified in the notice has occurred; and

• if so, take reasonable steps to address it.

What is reasonable depends on the facts. Relevant factors include:

• the circumstances in which the harm occurred;

• whether the harm is likely to continue on the online platform;

• the past conduct of the person who carried out the harm; and

• the impact of any steps taken to address the harm.

For example, if the harm is limited to a particular post, it may be reasonable for the online platform to promptly disable access to that post.

But if the harm is repeated or likely to continue, disabling access to one post may not be enough. For example, if the same user has repeatedly made harassing posts, the online platform may need to suspend the user’s account and warn the user not to repeat the conduct.

In another example, if a page is created to harass a person, and multiple users make harassing posts on that page, the online platform may need to disable access to the page.

Online platforms must respond to an online harm notice within a reasonable time. What is reasonable depends on the facts, including the nature and severity of the harm and the complexity of the case.

Some platforms are subject to specified response times. These are called “prescribed platforms” because they are specifically designated by law for this purpose.

A prescribed platform must respond to certain online harm notices within the specified time. These are:

• Within 6 hours for intimate image abuse or image-based child abuse involving exposed private parts;

• Within 24 hours for other forms of intimate image abuse or image-based child abuse; and

• Within 48 hours for all other online harms.

A prescribed platform is in breach of its duty if it does not take the required steps within the applicable response time, unless it can show that it was not reasonable to do so.

The online platforms prescribed for these response times are:

• Google LLC, in respect of YouTube

• Google LLC, in respect of Google Map Reviews

• Meta Platforms Inc., in respect of Facebook

• Meta Platforms Inc., in respect of Instagram

• Meta Platforms Inc., in respect of Threads

• WhatsApp LLC, in respect of WhatsApp

• X Corp., in respect of X (formerly Twitter)

• SPH Media Limited, in respect of HardwareZone Forums

• TikTok Pte. Ltd.

• Reddit, Inc.

• Telegram Messenger Inc.

• WeChat International Pte. Ltd., in respect of WeChat

For more details on the list of prescribed platforms and the applicable response times, please click here.