Harassment today can take many forms. It may involve threatening messages, repeated unwanted contact, online abuse, stalking, or the publication of false statements about another person.
In Singapore, victims may be able to seek protection under the Protection from Harassment Act 2014 (POHA).
POHA provides both criminal and civil remedies for certain forms of harassment and related conduct. Depending on the circumstances, a victim may be able to obtain a court order requiring the other party to stop the conduct, seek urgent protection, or claim damages.
What Conduct Can POHA Cover?
POHA covers several categories of conduct, including:
• threatening, abusive or insulting communications or behaviour;
• conduct intended to cause harassment, alarm or distress;
• conduct which causes harassment, alarm or distress;
• conduct causing fear or facilitating violence;
• unlawful stalking; and
• certain false statements of fact.
Harassment does not necessarily have to take place face-to-face. Communications through WhatsApp, Telegram, email, social media and other online platforms may potentially fall within POHA.
Whether particular words or conduct amount to harassment will depend on the circumstances of each case.
What Is Unlawful Stalking?
POHA also deals specifically with unlawful stalking.
Examples may include repeatedly following someone, repeatedly attempting to contact a person, monitoring someone’s movements or communications, or repeatedly appearing at places the person frequents.
Not every unwanted interaction will amount to unlawful stalking. The court will consider the nature and pattern of the conduct and its effect on the victim.
What Is a Protection Order?
A person who has experienced conduct covered by POHA may, depending on the circumstances, apply for a Protection Order (PO).
A Protection Order can require the respondent to stop specified conduct.
The precise orders available depend on the facts of the case and the provisions relied upon.
What If the Situation Is Urgent?
Where urgent intervention is required, an applicant may potentially seek an Expedited Protection Order (EPO).
An EPO provides interim protection before the main application for a Protection Order is finally determined.
Whether an EPO will be granted depends on the circumstances and the applicable statutory requirements.
What About False Statements Online?
POHA also provides remedies relating to certain false statements of fact.
A statement of fact is broadly a statement that a reasonable person would regard as representing a fact. A statement may be considered false if it is false or misleading, whether wholly or partly and whether considered by itself or in its context.
Depending on the circumstances, the court has powers to make orders dealing with the continued publication or dissemination of false statements.
These can include orders requiring publication to stop or requiring corrections to be published.
This area can overlap with defamation law, but the legal requirements and remedies are not identical. The appropriate course of action therefore depends on what was said, where it was published, who received it, the harm caused and what the affected person ultimately wants to achieve.
Can You Claim Compensation?
In appropriate cases, a person who has suffered from harassment may also have a claim for damages.
The appropriate proceedings and remedies depend on matters including the nature of the conduct, the relief sought and the amount being claimed.
What Evidence Should You Keep?
If you believe you are being harassed, stalked or targeted by false statements, preserve the evidence as early as possible.
Useful evidence may include:
• screenshots of messages and social media posts;
• emails and WhatsApp or Telegram conversations;
• photographs or videos;
• CCTV footage;
• call records;
• dates and details of individual incidents;
• names of witnesses; and
• evidence showing how the conduct has affected you.
Avoid deleting messages simply because they are upsetting. They may subsequently become important evidence.
Should You Respond to the Other Party?
This depends on the circumstances.
Sometimes a clear written request that the conduct stop may be appropriate. In other situations, continued engagement may aggravate the dispute or create further difficulties.
Where the conduct is serious, persistent or escalating, obtaining legal advice before responding may help you understand your options.
How Can PKWA Law Assist?
Our litigation lawyers advise individuals and businesses on disputes involving harassment, online communications, false statements and related civil claims.
Depending on the circumstances, we can advise on:
• whether the conduct may fall within POHA;
• Protection Orders and Expedited Protection Orders;
• claims involving false statements of fact;
• letters of demand and responses;
• claims for damages;
• negotiations and settlement; and
• court proceedings.
Initial Consultation
Our consultation fees start from $500 for up to 45 minutes. Contact us to arrange an appointment.
During the consultation, our lawyer will understand the circumstances of your case, provide a preliminary assessment of your legal position, and discuss your available options and recommended next steps.
