HARASSMENT LAW

A GUIDE TO THE PROTECTION FROM HARASSMENT ACT (POHA) IN SINGAPORE

A brief guide to Singapore’s Protection from Harassment Act; understanding the breadth of its protections and how it may be of help to you.

INTRODUCTION

Seeking help when you are being harassed can feel overwhelming. Compounded by fear and uncertainty, navigating the complexities of harassment alone may be daunting. Fortunately, the Protection from Harassment Act 2014 (POHA) provides a robust legal framework designed to safeguard individuals from an extensive range of harassing behaviour.

This article seeks to demystify POHA, offering greater clarity through a concise overview of its coverage, recent amendments and some practical steps you can take to seek recourse against harassment.

Whether you are a victim searching for help or simply looking to understand your rights, this resource aims to equip you with a better understanding of the protections available to you under POHA.

WHAT IS POHA?

The landmark case of Nicholas Hugh Bertram Malcomson v Naresh Kumar Mehta [2001] SGHC 309 established the tort of harassment in Singapore. More than a decade later, the Protection from Harassment Act 2014 was passed by Parliament on 13 March 2014 and came into force in November 2014.

POHA is enacted to grant protection against harassment committed by individuals or entities against persons in Singapore.

BEHAVIOUR CONSTITUTING HARASSMENT

The provisions in POHA create distinct offences which deal with both general harassment and more specific undesirable behaviour. Some offences identified in POHA are: –

Intentionally causing harassment, alarm or distress (section 3)
Harassment, alarm or distress (section 4)
Fear, provocation or facilitation of violence (section 5)
Unlawful stalking (section 7)

Intentionally causing harassment, alarm or distress

Under section 3 of POHA, a person or entity who intentionally causes harassment, alarm or distress to another person has committed an offence.

This may be by way of use or communication of any threatening, abusive or insulting words or behaviour or by publishing any identity information of the victim or a person related to the victim.

Any person or entity found guilty of an offence under section 3 shall be liable to a fine of not more than $5,000 and/or to imprisonment of up to 6 months.

To avoid penalty, the perpetrator must show that their alleged behaviour was reasonable.

Harassment, alarm or distress

Under section 4 of POHA, a person or entity who causes harassment, alarm or distress to another person has committed an offence. Unlike section 3, section 4 criminalises behaviour which causes harassment, alarm or distress even if it was not the central intention of the person or entity to do so.

This may be by way of use or communication of any threatening, abusive or insulting words or behaviour that is likely to be heard, seen or otherwise perceived by the victim.

Any person or entity found guilty of an offence under section 4 shall be liable to a fine of not more than $5,000.

To avoid penalty, the perpetrator must show that their alleged behaviour was reasonable or that they had no reason to believe that their words or actions or communications would be perceived by the victim.

Fear, provocation or facilitation of violence

Under section 5 of POHA, a person or entity must not intend to cause the victim to believe that unlawful violence will be used by any person against the victim or any other person or to provoke the use of unlawful violence by the victim or another person against any other person. Or to partake in behaviour whereby the victim is likely to believe that such violence will be used, or where it is likely that such violence will be provoked.

This may be by way of use or communication of threatening, abusive or insulting words or behaviour.

Any person or entity found guilty of an offence under section 5 shall be liable to a fine of not more than $5,000 and/or to imprisonment of up to 12 months.

Doxxing

In an effort to curb bad behaviour online, POHA criminalises doxxing as well. The act of doxxing largely involves the malicious revelation of information which identifies the victim and/or his associates. To behave in a manner that fits the description of doxxing would fall foul of one or more of the offences set out in POHA.

An example of doxxing may be intentionally revealing identifying information about the victim and/or his associates with the intention of inciting violence or to threaten or harass. Doxxing may also be made out if there is reasonable cause to believe that the revelation of identifying information may facilitate violence. Such identifying information can include name, birthday, email address, phone number, home address, place of employment and education.

Any person or entity found guilty of the publication of personal information with the intention to cause harassment, alarm or distress shall be liable to a fine of not more than $5,000 and/or to imprisonment of up to 6 months.

Any person or entity found guilty of the publication of personal information with the intention to cause fear of violence or to facilitate unlawful violence or where there is reasonable cause to believe it will be so shall be liable to a fine of not more than $5,000 and/or to imprisonment of up to 12 months.

Unlawful stalking

Under section 7, unlawful stalking is made out when: –

acts or omissions associated with stalking are involved;
harassment, alarm or distress is caused to the victim; and
the accused intends to cause harassment, alarm or distress to the victim; or knows or ought to have reasonably known that it is likely to cause harassment, alarm or distress to the victim.

Behaviour associated with unlawful stalking include:

Following a person around
Entering or loitering near or around any place associated with the victim
Frequently communicating with or attempting by any means possible to communicate with the victim and/or his associates
Keeping the victim and/or his associates under surveillance.

Any person or entity found guilty of an offence under section 7 shall be liable to a fine of not more than $5,000 and/or to imprisonment of up to 12 months.

To avoid penalty, the perpetrator must show that their alleged behaviour was reasonable or that their actions were sanctioned by the government.

REMEDIAL ACTION

POHA avails different avenues for relief. Any person who has and/or is currently experiencing harassment, stalking, cyber-bullying or other anti-social and undesirable behaviour may seek reprieve through different remedies provided in POHA.

The Protection from Harassment Court

Apart from attracting criminal sanctions, harassers may be liable for civil damages.

The Protection from Harassment Court (PHC) is a specialised court that hears all matters related to harassment claims. It was established to act as a “one-stop solution”[1] for victims of harassing behaviour to receive holistic and effective relief.

A claimant may proceed with a claim before the PHC without legal representation.

Cases at the PHC may be filed as simplified proceedings or standard proceedings. Simplified proceedings are generally conducted in a more informal manner and at a lower cost. Hearings are conducted more quickly to provide timely and effective relief for victims under the simplified proceedings.

A claim is suitable for simplified proceedings, where:

There is only one claimant
Involves no more than five respondents
Brought within two years from the date the cause of action is accrued
Does not include a claim for damages exceeding $20,000.

All other claims that do not satisfy these criteria will undergo standard proceedings.

Orders Available under POHA

For victims who are not looking to make a criminal complaint or a civil claim for damages, POHA avails a multitude of orders a Court may grant to address different harassment situations.

Orders related to Harassment

Protection Order (PO)

The purpose of a protection order is to protect victims from further harassment. A PO stops the continuation of wrongful behaviour against the victim and/or to prevent the commission of another undesirable act against them.

A PO is the most common order applied for under POHA. POs can be issued against anyone, not just family members, unlike a personal protection order (PPO) issued by the Family Justice Court.

Expedited Protection Order (EPO)

In cases of urgency, the Court may grant an expedited protection order against the perpetrator. An EPO is a temporary order that is granted more quickly than a standard PO.

An EPO is granted where the offending conduct is not only likely to continue but is also likely to have a substantial adverse effect on the victim.

Non-publication Directions (NPD)

A non-publication direction prohibits the publication of harassing statements or communication by the perpetrator.

Orders related to False Statements

Stop Publication Order (SPO)

When a stop publication order is granted, the perpetrator must stop publishing a false statement and/or any substantially similar statements within a specified time.

Correction Order (CO)

A correction order would require the perpetrator to publish a correction notice to clarify or correct untrue facts which have been published.

Disabling Order (DO)

The Court may order an internet intermediary (e.g., Facebook, Instagram, Google), whose service was used to publish a false statement of fact, to disable user access to any material containing said false statement and/or any copies of it.

Conclusion

POHA is a significant step towards curbing harassment and other anti-social and disruptive behaviour in Singapore.

Making POHA more easily understood is paramount to its effectiveness. Through education and awareness of the law, harassment victims can obtain the necessary protection they deserve under the law.

For PDF version of this article, please click here.

References

[1] https://www.mlaw.gov.sg/files/news/press-releases/2021/02/POHA-AnnexB.pdf

At Inﬁnity Legal LLC, we assist and represent clients on all issues relating to harassment law.

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Infinity Legal LLC thanks and acknowledges Trainee Nicole Tan and Intern Olivia Low for their contribution to this article.