Litigation & Dispute Resolution Archives | PKWA Full Service Law Firm

Protection from Harassment Act (POHA) Singapore: What Can You Do About Harassment, Stalking and False Statements?

Defamation & Harassment, Litigation & Dispute Resolution

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.

Defamation in Singapore: What Can You Do If Someone Makes False Statements About You?

Litigation & Dispute Resolution

A damaging statement can spread extremely quickly.

It may appear in a WhatsApp group, Facebook post, Google review, Telegram message, email, online forum or communication to an employer, customer or business associate.

Where a statement seriously damages a person’s or business’s reputation, the affected party may consider whether to take legal action for defamation.

What Is Defamation?

Broadly, defamation law protects a person’s reputation against statements that may lower that person in the estimation of others.

Defamation can arise from written statements, commonly referred to as libel, as well as spoken statements, traditionally referred to as slander.

Whether a statement is defamatory depends not simply on whether it is offensive or unpleasant. The words, their meaning, the people to whom they were communicated and the surrounding context can all be important.

Can Social Media Posts and WhatsApp Messages Be Defamatory?

Potentially, yes.

A defamatory statement does not have to appear in a newspaper or other traditional publication.

Statements communicated through social media, messaging applications, emails, online forums and other digital platforms can potentially give rise to a dispute.

A statement sent to other people in a WhatsApp or Telegram group, for example, may potentially constitute publication to third parties.

Each case nevertheless depends on its particular facts.

What If the Person Says the Statement Is True?

Truth is an important issue in defamation proceedings.

A person accused of defamation may seek to establish that the substance of the allegation is true.

There are also other potential defences depending on the circumstances in which the statement was made.

For this reason, receiving a letter of demand alleging defamation does not automatically mean that the recipient is legally liable.

Similarly, a person who believes that a statement about them is false should obtain advice on the strength of the potential claim before commencing proceedings.

What Can You Do If You Have Been Defamed?

The appropriate response depends on the seriousness of the allegation, how widely it has been circulated and what damage it has caused.

Possible steps may include:

• requesting that the statement be removed;

• demanding that further publication cease;

• seeking a correction or apology;

• issuing a letter of demand;

• negotiating an appropriate settlement; or

• commencing court proceedings where necessary.

In some situations, urgent action may be important because online statements can be copied and circulated rapidly.

Can You Claim Damages?

Damages may be available in a successful defamation claim.

The amount recoverable will depend on the circumstances of the case, including matters such as the nature and seriousness of the allegation, the extent of publication, the harm caused and the conduct of the parties.

Litigation should nevertheless be approached carefully. The likely benefit of pursuing a claim should always be considered against the legal costs, evidential issues and commercial or personal consequences involved.

What If You Have Been Accused of Defamation?

If you receive a letter of demand alleging defamation, do not assume that you must immediately agree to every demand.

The first step is usually to identify:

1. exactly what statement is complained of;

2. what the statement means in its proper context;

3. to whom it was published;

4. whether the allegation is true or can otherwise be defended; and

5. what practical resolution is available.

You should also preserve the relevant messages, documents and surrounding communications.

Deleting material may make it more difficult to establish the context in which the statement was made.

Defamation and POHA

Depending on the circumstances, false statements may also potentially give rise to remedies under Singapore’s Protection from Harassment Act (POHA).

POHA contains specific provisions relating to false statements of fact and gives the court powers to make various orders concerning their publication.

A POHA application and a defamation claim are not the same. Different legal requirements and remedies apply.

A lawyer can advise which route, or combination of steps, is appropriate in the circumstances.

How Can PKWA Law Assist?

PKWA Law advises both individuals and businesses involved in defamation and reputation-related disputes.

We can assist with:

• assessing potential defamation claims;

• advising persons accused of defamation;

• letters of demand and responses;

• online and social media disputes;

• negotiations and settlements;

• related POHA remedies; and

• court proceedings.

Where appropriate, our aim is to identify the most practical way of resolving the dispute rather than commencing litigation unnecessarily.

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 review the circumstances, provide a preliminary assessment of your legal position, and discuss your available options and recommended next steps.

Should I Send a Letter of Demand?

Litigation & Dispute Resolution

A letter of demand or LOD is a simple letter from one person to a third party, a company, or organisation requesting specific actions. A letter of demand doesn’t have to be sent by a lawyer and is not a formal court document, but there are benefits from sending via a registered law firm.

A letter of demand is commonplace in debt recovery situations as formal notification that proceedings will commence unless the money is repaid. Individuals are free to send a LOD without legal input.

A letter of demand is not a requirement before legal action, but can be a good first step to highlight attempts to resolve the situation prior to legal action being taken.

What does a letter of demand mean?

A letter of demand doesn’t start a chain of events or act as a precursor to litigation unless the claimant decides to take that step. A claimant can start legal proceedings, follow another action, or drop the matter altogether.

For the recipient, a LOD usually requires repayment of the debt within a specified deadline, but it is not a legal letter as such. However, sometimes, a LOD is intended to be the overture to legal action.

How to write a letter of demand

Whilst claimants don’t need to consult a lawyer to write a letter of demand, there is a form and a structure for a LOD, and certain information which should be present.

The claimant’s identity should be clear, and there must be a concise and accurate description of the dispute, including a summary of the material facts and the claim made. The claim should have enough detail rather than a simple figure so that a breakdown might include interest on the overdue sum and the cost of legal fees.

If you are using a lawyer or intend to, their details should be present; this often incentivises the recipient and encourages them to pay.

Most importantly, a letter of demand should contain a deadline after which further action will be taken if the debt has not been repaid or a payment arrangement has not been agreed upon.

What are the advantages of a letter of demand?

There are a few benefits associated with sending a letter of demand, and these include:

A claimant can write the letter themselves; you don’t need to pay a lawyer to do it for you.
A letter of demand can do the trick and persuade a debtor to pay up, meaning there is no need to instruct a solicitor and go to court, avoiding potentially expensive legal fees and a protracted process.
A LOD can be admissible in court as evidence that the claimant attempted to resolve the matter

Legal terminology in a letter of demand

If your solicitor writes a LOD, you may see specific terminology. Sometimes, claimants copy these phrases when they compose their LOD, so it’s essential to understand what they mean and when to use them.

Without prejudice

Without prejudice is a simple label designed to protect the writer’s legal rights in correspondence to try and settle a dispute. However, in practice, using this phrase is much more complicated.

If you make an offer of terms to the recipient for the repayment of your debt on a ‘without prejudice’ basis, it means that if you later go to court, your position won’t have been adversely affected or prejudiced.

If you offer a payment plan to the debtor, for instance, and they reject it, you may decide to go to court and press for immediate repayment of the total amount. The debtor cannot submit your ‘without prejudice’ LOD to the court to suggest that more lenient terms were available, and that they would prefer to accept the original offer. Essentially, the letter cannot be used against the writer.

The idea behind the ‘without prejudice’ rule is that parties can negotiate in the period before litigation without worrying about weakening their position should the dispute eventually end up in court. It’s an opportunity for an open and good faith discussion without fear of later sanctions to encourage every opportunity to broker a settlement.

Here are some other commonly used phrases in a letter of demand:

Default – failure to pay the debt or perform some other obligation such as sticking to the terms of a payment plan.
Premises – everything set out in the letter, so the essential elements of the claim.
Reserving rights – this means that despite the terms set out in the letter, which may be concessionary to facilitate a settlement, the writer still reserves their legal right to go to court to recover the money owed.
Alternative Dispute Resolution – Alternative Dispute Resolution or ADR covers different mechanisms to resolve disputes including mediation and arbitration. These are often quicker and less costly alternatives to going to court and may be suggested in a LOD if the recipient doesn’t agree to the terms.

Should I send a letter of demand?

There is always a purpose to sending a letter of demand, even if you don’t intend to follow it up, as it may just hit the mark. However, a letter written by you without legal representation, may have less impact.

A LOD is not an official legal letter, so the recipient may ignore it. It could also encourage them to take legal advice and refute your claim more forcefully.

The debtor may contact you and want to agree to or negotiate terms, so you must be prepared for this when you write the letter.

How to write a letter of demand?

Anyone can write a letter of demand, but something poorly drafted and not well presented will inevitably have less impact. Many templates are available online to act as guidance, but here are a few things to remember.

Write in a normal tone; don’t attempt stilted or overly formal language in an attempt to mimic a solicitor.
Be polite and stick to the facts – rudeness is likely to elicit the wrong response from the recipient.
Summarise the facts clearly and chronologically; a bulleted list is helpful.
Avoid commentary or opinion; let the facts speak for themselves.
Attach copies of invoices or receipts that support your claim.
Set out clearly in the letter’s final paragraph what you are prepared to accept from the debtor. You might invite them to negotiate with you to set up a payment plan, but generally, it is better to be specific and suggest instalments and a timescale if you are prepared to accept that.
Whatever you suggest, there must be a precise time limit within which the recipient must respond. Make sure it is clear where the recipient should respond, either with your contact details or those of your solicitor.
Conclude the LOD by stating that you intend to start legal proceedings if the recipient does not respond. Don’t invite them to make a counteroffer; if they’re willing to negotiate, then that will follow naturally if they don’t like the terms suggested.

How to send a letter of demand

A LOD must contain a time limit for response, so it’s essential to know whether that letter has been received or not.

Send the LOD by registered or tracked mail so you know that it has arrived and when. Usually, time limits run either from the date of the letter or the date of receipt of the letter. If the latter, you must use registered mail to know when the letter arrived. It’s too easy for the debtor to claim they never received it.

Keep a copy of the LOD, plus any postal and tracking documents.

What should I avoid in a letter of demand?

It’s all too easy to resort to anger and threats if someone has failed to repay money they owe to you. However, this is only likely to make the situation worse and won’t encourage resolution.

The general tone of a letter of demand should be neutral, convey the facts, and make it clear that legal action is an option if the terms of the letter are not followed. Keeping the letter factual and reasonably conciliatory is usually a far more productive approach.

Stick to the facts and the repayment of what you are owed. You may be able to add interest to the debt or suggest that interest will start to run if you are not repaid; the court will undoubtedly add this if you resort to litigation.

However, don’t make wild and supported claims for things which cannot be legally justified, like damages for stress and anxiety; this will only backfire.

What happens after I send a letter of demand?

You should be clear about what you will do after the letter of demand has been sent. You also have the right not to pursue the debt at any time pre-litigation.

It’s worth thinking about how the recipient could respond, so that you are prepared for a counteroffer, negotiations, or a downright refusal to pay. What happens next is ultimately up to you. In complex debt recovery situations, it is always better to take legal advice sooner rather than later.