Harassment and Protection from Harassment

In the case of Malcomson Nicholas Hugh Bertram & Anor v Mehta Naresh Kumar [2001] 4 SLR 454, the Court observed that Singapore was one of the most densely populated countries in the world, and opined that “it will make for an intensely uncomfortable living environment if there is no recourse against a person who intentionally makes use of modern communication devices in a manner that causes offence, fear, distress and annoyance to another”.

To that end, the Protection from Harassment Act 2014 (“POHA”) plays an important role in legislating and setting out certain acts that constitute harassment, and the appropriate remedies against persons committing such acts.

This article sets out a brief overview of what constitutes harassment, and the possible remedies you may obtain against any such harassing conduct or behaviour.

What constitutes harassment?

Under the Protection from Harassment Act 2014 (“POHA”), there are several categories of acts that constitute, broadly, “harassment” and some of the more common ones include:

Intentional and unintentional conduct / behaviour that causes or is likely to cause harassment , alarm or distress through use of threatening or insulting communication or behaviour;
Conduct / behaviour causing fear or provocation of violence which typically involves a threat of physical violence;
Stalking – which includes keeping someone under surveillance and repeatedly giving gifts despite being asked to stop; and
Doxxing – publication of someone’s personal information such as their phone number or residential address, with the intention to harass, threaten or facilitate violence against them.

The above are captured in the respective sections of the POHA below:

Section 3(1) POHA: Intentionally causing harassment, alarm or distress to a victim by:
- (a) using any threatening, abusive or insulting words or behaviour;

- (b) making any threatening, abusive or insulting communication; or

- (c) publishing any identity information of the victim or a related person of the victim,and as a result causing the victim or any other person harassment, alarm or distress;

Section 4(1) POHA: using any threatening, abusive or insulting words or behaviour; or make any threatening, abusive or insulting communication, which is heard, seen or otherwise perceived by a victim likely to be caused harassment, alarm or distress;
Sections 5(1) and (1A) POHA: using any threatening, abusive or insulting words or behaviour towards a victim, or make any threatening, abusive or insulting communication to that victim, or publishing identity information of a victim or a related person of that victim to either:

- (a) with the intent 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

- (b) whereby the victim is likely to believe that such violence mentioned will be used; or it is likely that such violence mentioned will be provoked;

Section 6(1) POHA: using any indecent, threatening, abusive or insulting words or behaviour; or making any indecent, threatening, abusive or insulting communication, towards or to a public servant / public service worker in relation to the execution of their duty;

Section 6(1A) POHA: Causing harassment, alarm or distress to a public servant / public service worker by publishing any of their or a related person’s information, either with the intent to prevent or deter that public servant / public service worker from discharging their duty; or in consequence of anything done or attempted to be done by that public servant / public service worker in the lawful discharge of their duty; or
Section 7 POHA: Unlawfully stalking someone, including any acts/omissions associated with stalking that cause harassment, alarm or distress to the victim, and where you intend, or know or ought reasonably to know is likely to cause harassment, alarm or distress to the victim.Acts associated with stalking include:
- (a) following the victim or a related person;

- (b) making any communication, or attempting to make any communication, by any means —

- - (i) to the victim or a related person;
  - (ii) relating or purporting to relate to the victim or a related person; or
  - (iii) purporting to originate from the victim or a related person;

- (c) entering or loitering in any place (whether public or private) outside or near the victim’s or a related person’s place of residence or place of business or any other place frequented by the victim or the related person;

- (d) interfering with property in the possession of the victim or a related person;

- (e) giving or sending material to the victim or a related person, or leaving it where it will be found by, given to or brought to the attention of, the victim or a related person;

- (f) keeping the victim or a related person under surveillance.

As should be noted for the broad categories of harassment above, what amounts to causing “harassment, alarm or distress” can differ from person to person, and so there is an objective qualifier as to whether a person or victim would “likely” to be caused said “harassment, alarm or distress”.

Another point to note is that under section 4 of the POHA, there is no requirement that one needs to intend to cause harassment, alarm or distress (unlike section 3 of the POHA), and so one can still commit an offence under the POHA unintentionally.

What remedies does one have against acts of harassment?

The Protection from Harassment Court (“PHC”), which is a Court set up in Singapore on 1 June 2021, was established to hear all criminal and civil matters under the POHA. The PHC uses a simplified and streamlined filing process that allows victims of harassment to more easily obtain relief under POHA.

If you have been the victim of any of the above acts of harassment, there are three main remedies that you can seek from the PHC:

Apply for a Protection Order;
Seek civil remedies; or
File a criminal complaint.

Protection Orders

What is a Protection Order?

A Protection Order (“PO”) is a Court order that is made against a perpetrator of any acts of harassment under the POHA, for which the Court has ordered any or all of the following:

Prohibiting the perpetrator from doing anything to the victim or any related person;
Requiring that the perpetrator / any other person stop publishing harassing communications, or continuing to publish such communications;
Referring the perpetrator and/or the victim to attend counselling or mediation; and/or
Giving any other direction that is necessary to ensure that a PO is effective.

Note that only a victim of harassment can apply for a PO themselves. A person who is not a victim is not able to apply for a PO on behalf of a victim.

For a PO to be granted, there are three requirements that must be met. These requirements are set out in Section 12(2) POHA:

The perpetrator has committed an act of harassment under any of Sections 3 to 7 of the POHA;
The perpetrator is likely to commit future acts of harassment; and
The court believes that it is just and equitable in all the circumstances to grant a PO.

In determining what is just and equitable for the Court to grant a PO under the last criterion above, the Court will consider factors including, but not limited to:

The nature and severity of the harassment;
The perpetrator’s motive and purpose;
How much emotional and psychological harm the victim suffered;
To what extent the harassing conduct had been known to the public;
Whether the victim could have avoided the harassment;
Whether the perpetrator genuinely tried to ensure that the victim would not misconstrue or misunderstand his/her actions; and
Whether the harassment could be expected to be tolerated by reasonable persons.

The duration of the PO may vary, however the protection will remain in force for the entire duration. If the perpetrator breaches the conditions in the PO while it is in force, they are guilty of an offence under Section 10 POHA and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. For repeat offenders, this increases to $10,000 or imprisonment for a term not exceeding two years or both.

Expedited Protection Orders (“EPOs”)

Typically, once a PO application is filed, it may take at least 4 weeks before the application is processed. On the other hand, if a PO is required urgently, a victim of harassment can instead apply for an EPO in addition to the application for a PO.

An EPO may be obtained if, in addition to the requirements for a PO, the Court is satisfied that:

The harassing acts are likely to continue imminently; and
The harassing acts would, if continued or committed, have a substantial adverse effect on the victim or the victim’s day‑to‑day activities.

There are a few key differences between a PO and an EPO:

Typically, an EPO is heard before a judge more expeditiously than a PO. There will be considerably less time between the filing of the application and the hearing of the application.
An EPO remains in effect only until the court decides or discontinues the PO application, or the EPO is suspended or cancelled by the court. Typically, this is for a short duration as EPOs are meant to be a temporary remedy granted in cases of urgency.
Further, if a victim applies for an EPO, the Court may also refer the case to the police for investigation.

Challenging a PO application

If you are served a PO application, and wish to contest the application, you will have to prepare and file an “Affidavit in reply for protection order – Protection from harassment”, which is accessible on the Courts’ website at https://www.judiciary.gov.sg/forms/forms-details/affidavit-in-reply-protection-order-protection-from-harassment. This form will set out your reasons as to why a PO should not be ordered against you. You may include documentary and/or other evidence to support your response.

After you have filed your response, you and the alleged victim will have to attend a case conference before a judge. Among other matters, the judge may direct that parties attempt alternative dispute resolution options such as mediation or counselling, or if no amicable resolution can be reached, direct that the case be fixed for a hearing.

Prior to the hearing, you should bring along any witnesses and evidence to refute the allegation that you had harassed the alleged victim. Depending on the evidence put forward, the Judge can order that the PO application be granted or dismissed.

Civil Remedies

Aside from a PO, you can seek monetary compensation / damages from the perpetrator. In order to best succeed on such claim, you will have to provide evidence during the proceedings that the harassing acts in question have caused quantifiable damage or loss to you.

Unlike a PO, you do not need to prove that the perpetrator is likely to commit future acts of harassment in a claim for compensation / damages – only that the acts of harassment were committed in the first place.

Civil claims for harassment can be filed as a regular civil claim with the Courts. For claims with damages up to S$20,000 against no more than five persons at once, where such claims are filed within two years of the harassing act, you may be entitled to file a claim under simplified proceedings via the Community Justice and Tribunals System.

Criminal Remedies

Lastly, all acts of harassment under the POHA are also criminal offences.

Ordinarily, perpetrators of any acts from Sections 3 to 7 POHA shall be liable on conviction to a fine not exceeding $5,000. For Sections 3 and 5 to 7 POHA, the perpetrator may also be liable for an imprisonment term of up to 6 months (for Section 3 POHA offences) or up to 12 months (for Section 5 to 7 POHA offences), or both imprisonment and a fine.

However, enhanced penalties under the POHA, involving higher maximum fines and longer maximum imprisonment terms, apply for:

- Repeat offenders who were convicted of an offence under Sections 3 to 7 POHA or Section 17C(2) of the Private Security Industry Act 2007 (Intentionally causing harassment, alarm or distress to security officer));

- Persons committing an offence under Sections 3 to 7 POHA against vulnerable persons, being persons whom by reason of mental or physical infirmity, disability or incapacity, are substantially unable to protect themselves from abuse, neglect or self‑neglect; or

- Persons committing an offence under Sections 3 to 7 POHA against victims with an intimate relationship with the perpetrator.

Other than imprisonment, the Court may also grant other community orders at their discretion and subject to the eligibility criteria for such orders. These orders may include home detention orders, day reporting orders, corrective work orders or mandatory treatment orders requiring persons to undergo psychiatric treatment. More details on these orders can be found in Part 17 of the Criminal Procedure Code.

Criminal proceedings against a perpetrator who has committed acts of harassment can begin by filing a police report, or if the case is not being pursued by the police, filing a Magistrate’s Complaint with the Courts.

If you require any assistance, you may contact: