Protection from Harassment Act (Singapore)

The Protection from Harassment Act (POHA) is a statute of the Parliament of Singapore that criminalises harassment, stalking, and other anti-social behaviour. The law is designed specifically to make acts of cyberbullying and online harassment a criminal offence.[1][2][3]

Protection from Harassment Act
Parliament of Singapore
CitationChapter 256A
Enacted byParliament of Singapore
Enacted13 March 2014
Assented to11 April 2014
Commenced15 November 2014
Legislative history
BillProtection from Harassment Bill
Bill citationBill No: 12/2014
Bill published on3 March 2014
Introduced byK Shanmugam (Minister for Law)
First reading3 March 2014
Second reading13 March 2014
Third reading13 March 2014
Amended by
Protection from Harassment (Amendment) Act 2019
Status: In force

Overview

The Act abolished the common law tort of harassment, replaced by its statutory provisions.[4] It also replaced sections 13A to 13D of the Miscellaneous Offences (Public Order and Nuisance) Act, and expanded the scope to cover acts conducted online and increased the penalties to include imprisonment sentences.[1] The Act is intended to cover both intentional and unintentional harassment, and has extra-territorial jurisdiction for certain offences which include online acts by the defendant if the complainant was in Singapore at the time of the offence and the defendant knew or should have known of that fact.[5] The new law is also to be accessible for the public than previously:[6] for instance, provisions are now made for alleged complainants to apply a protection order against an accused, and in more extreme cases a separate expedited protection order can be applied for and issued immediately.[6][7] In addition, anyone who abuses public servant and public service worker, including service staff from the public transport service, can be prosecuted under this Act and the maximum penalty of jail for up to a year and/or a fine.[8] Generally, for uncomplicated and minor cases private in nature, the offences may be compoundable by the alleged complainant for an out-of-court settlement, but subject to the consent of the DPP.[9] For civil law and relational cases, they may be referred for mediation at the State Courts Centre for Dispute Resolution (SCCDR), including Magistrate's Complaints or applications under the Protection from Harassment Act. Mediation is a way of resolving a dispute without going for a trial in court. It is known as an alternative dispute resolution (ADR) method.[10]

Amendments in 2019

In 2019, the Parliament seek to amend the Act to tackle offences such as doxxing. The original 2014 Act would kick in only if the communications to be “threatening, abusive or insulting”.[11] Doxxing would not apply as it would only be considered as an act of divulging personal information. Additionally, the amendment simplified the process for victims to by setting up a specialised court within the State Courts of Singapore.[11] The amendment also introduced a mechanism for individuals and entities to seek correction orders to counter fake news about them.[11] Whilst there are similarities between this amendment and the Protection from Online Falsehoods and Manipulation Act (POFMA), POFMA can only be invoked by ministers of Singapore and it will take a longer time for individuals and entities to successfully apply for a correction order.[12]

Cases

The Ministry of Manpower, National Trades Union Congress and Singapore National Employers Federation are at present the primary institutions in deterring workplace harassment.[13]

In August 2015, a former Singapore Civil Defence Force (SCDF) senior officer was charged in court under a POHA complaint filed by a woman complainant. The maximum penalty for the offence is up to a S$5,000 fine and 12 months' jail. In December 2016, fortunately, the defendant engaged a defence counsel and managed to compound the court charge by making an open court apology and a monetary compensation to the alleged complainant as a composition.[14] The alleged complainant was agreeable to the composition after the consequences of accepting and rejecting the offer of composition were thoroughly explained to her. Having considered the facts and in the light of further developments arising after he was first charged, the deputy public prosecutor has consented to composition. Hence, he was granted a discharge amounting to an acquittal by the court judge.

In May 2015, the Ministry of Defence obtained a protection order against The Online Citizen.[15] It was later, after legal arguments made by lawyers Choo Zhengxi and Eugene Thuraisingam, overturned by the Court of Appeal in January 2017, which ruled in a 2-1 judgement that the Government of Singapore is ineligible as a 'person' to apply for a protection order against any individual.[16]

In July 2019, a senior policeman was interdicted from service, charged in court and fined for harassment to a female colleague.[17] Thereafter, a Singapore Police Force (SPF) spokesperson said that its officers are not only expected to uphold the law but maintain the highest standards of conduct and integrity. He added that SPF deals severely with officers who break the law, including charging them in court. Moreover, SPF has since commenced disciplinary proceedings against him after the court verdict.[18]

In 2019, a few people were charged in court for using foul language to vehemently abuse public servants and public service workers.[19][20]

As at March 2019, there were more than 500 Protection Order applications made since November 2014.[21]

In December 2019, a freelance actress-model Melissa Faith Yeo was charged and fined under POHA for abusive language and hurling vulgarities towards public servants.[22][23][24]

In March 2020, 5 men were charged in court for abusing public servants.[25][26][27]

See also

Reference list
  1. Neo, Chai Chin (14 March 2014). "Anti-harassment laws to fight 'social scourge'". Today (newspaper). Retrieved 7 April 2015.
  2. Kwara, Michelle (27 February 2014). "Proposed anti-harassment law to clamp down on cyber bullying in Singapore introduced in Parliament". Yahoo! News. Retrieved 7 April 2015.
  3. "Second Reading Speech by Minister for Law, K Shanmugam, on the Protection from Harassment Bill". Ministry of Law. Retrieved 7 April 2015.
  4. Julia Yeo and Wei Qi Jen. "Implications of Singapore's new Protection from Harassment Bill 2014". Lexology. Retrieved 7 April 2015.CS1 maint: uses authors parameter (link)
  5. Abu Baker, Jalelah (15 January 2015). "Protection from Harassment Act: 5 things you need to know about the landmark legislation". Straits Times. Retrieved 7 April 2015.
  6. Spykerman, Spykerman (15 January 2015). "Quicker, easier ways to get legal recourse for harassment". News 5 Tonight. Channel NewsAsia. Retrieved 7 April 2015.
  7. Chan, Wing Cheong (2014). "The offence of "Unlawful stalking" in Singapore" (PDF). Singapore Academy of Law. 26: 333–353. Archived from the original (PDF) on 17 April 2015. Retrieved 7 April 2015.
  8. Tan, Suan Tiu (7 April 2015). "Interpreting privacy laws a complex matter". Straits Times Forum. Retrieved 7 April 2015.
  9. "Criminal Procedure Code - Singapore Statutes Online". sso.agc.gov.sg.
  10. "An Overview of Mediation".
  11. "A look at key changes to Protection from Harassment Act". TODAYonline. Retrieved 20 June 2020.
  12. "Blogger getting arrested for spreading fake news is fake news: Pritam Singh". mothership.sg. Retrieved 20 June 2020.
  13. Ho, Olivia (24 December 2015). "'Onus on employers' to fight harassment". Straits Times.
  14. "Man acquitted of stalking woman after compounding matter". The Straits Times. 3 December 2016.
  15. "Court rules claims that MINDEF stole idea for mobile first-aid vehicle are false". Channel NewsAsia. 16 May 2015. Retrieved 16 May 2015.
  16. Lum, Selina (16 January 2017). "Rare split decision by apex court rules that Govt cannot invoke anti-harassment law against The Online Citizen website". Straits Times. Retrieved 16 January 2017.
  17. "Police officer who made crude remarks about subordinate fined $6,000 for harassment". The Straits Times. 30 July 2019.
  18. "Police officer fined for crude remarks about subordinate". The Straits Times. 31 July 2019.
  19. "Six men charged with abusing public servants". The Straits Times. 16 May 2019.
  20. "Six people charged with abusing public servants". The Straits Times. 7 June 2019.
  21. "More than 500 Protection Order applications made under POHA since Nov 2014: Edwin Tong". CNA.
  22. "Actress-model Melissa Faith Yeo charged with using vulgar language on policewoman, SMRT employee". The Straits Times. 9 September 2019.
  23. "Actress-model Melissa Faith Yeo fined after hurling vulgarities at police operator and SMRT employee". The Straits Times. 4 December 2019.
  24. "Former actress-model fined for cursing at police, SMRT worker". CNA.
  25. "5 men to be charged for abusing public servants as police disclose rise in such cases last year". The Straits Times. 12 March 2020.
  26. "Headbutts, kicking and spitting: 5 men to be charged over abuse of public servants, doctor". CNA.
  27. "Five men to be charged with abusing, attacking public servants, doctor in separate cases". TODAYonline.
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