The Protection from Harassment Act (POHA) is a key piece of legislation in Singapore, enacted in 2014, designed to safeguard individuals from various forms of harassment, including physical, verbal, and online abuse. It empowers victims to seek both civil and criminal remedies, ensuring a comprehensive approach to addressing harassment. The Act encompasses offenses such as intentional and unintentional harassment, stalking, doxxing, and threats of violence. With the establishment of the Protection from Harassment Court in 2021, victims now have a specialised forum to seek timely justice. Whether the harassment occurs online or offline, POHA provides avenues for protection orders, expedited relief, and compensation, reinforcing Singapore’s commitment to a safe and respectful environment for all.
Offences Under the Protection from Harassment Act (POHA)
The Protection from Harassment Act (POHA) in Singapore criminalises various forms of harassment, both online and offline. These offences are designed to protect individuals from behaviours that cause harassment, alarm, or distress. The key offences under POHA include:
Intentional Harassment (Section 3):
Deliberate acts intended to cause harassment, alarm, or distress to another person. This includes using threatening, abusive, or insulting words or behaviour.
Harassment, Alarm, or Distress (Section 4):
Engaging in conduct that causes harassment, alarm, or distress, even if there was no intent to do so. This encompasses actions likely to cause such feelings in others.
Fear, Provocation, or Facilitation of Violence (Section 5):
Using threatening, abusive, or insulting words or behaviour with the intent to cause the victim to believe that unlawful violence will be used against them, or to provoke them to use unlawful violence on another person.
Unlawful Stalking (Section 7):
Engaging in a course of conduct involving acts such as following someone, loitering near their home or workplace, or repeatedly sending them unwanted communications, with the intent to cause harassment, alarm, or distress.
Harassment of Public Servants (Section 6)
Indecent, threatening, abusive, or insulting behaviour towards a public servant, public service worker, or security officer while they are executing their duties.
False Statements of Fact (Section 15):
Making false statements of fact about another person with the intent to harm their reputation or cause them distress.
Each of these offences carry specific penalties, including fines and imprisonment, depending on the severity and circumstances of the case. Victims of such offences can seek legal recourse through the Protection from Harassment Court, which provides a platform for obtaining protection orders and pursuing civil claims.
Penalties and Liabilities Under the Protection from Harassment Act (POHA)
The Protection from Harassment Act (POHA) in Singapore imposes stringent penalties to deter harassment and ensure justice for victims. Offenders found guilty under POHA may face both criminal sanctions and civil liabilities, depending on the nature and severity of the offence.
1. Criminal Penalties
- Fines and Imprisonment: Offenders may be subject to fines up to S$5,000 and/or imprisonment for up to 6 months for first-time offences. Repeat offenders face enhanced penalties, with fines up to S$10,000 and imprisonment terms varying based on the specific offence.
- Enhanced Penalties for Aggravating Factors: If the offence involves a vulnerable person, such as an individual with a mental or physical disability, or if the perpetrator and victim share an intimate relationship, the maximum penalties can be doubled.
2. Civil Liabilities
- Compensation Orders: Victims may be awarded monetary compensation for emotional distress, reputational harm, or financial losses resulting from the harassment.
- Protection Orders: The court may issue Protection Orders to prevent further harassment, which can include prohibitions on contact, publication of information, or proximity to the victim.
3. Enforcement Measures
- Arrest Without Warrant: Police have the authority to arrest individuals who breach Protection Orders without a warrant, ensuring swift action against violators.
- Additional Court Orders: The court may also impose additional orders, such as mandatory counselling or mediation, to address the underlying issues contributing to the harassment.
These penalties and liabilities underscore Singapore’s commitment to providing robust protection against harassment and ensuring that offenders are held accountable for their actions.
Remedies Under the Protection from Harassment Act Singapore
Victims of sexual harassment or wrongful allegations arising under the Protection from Harassment Act in Singapore (POHA) have various legal remedies available to protect their rights and seek redress. These remedies are designed to address both actual harassment and unfair or false accusations.
1. Protection Orders for Victims
Victims of sexual harassment in Singapore can apply for Protection Orders (POs) under POHA to prevent further harm.
Protection Orders (POs): Issued after a hearing, these orders prohibit the harasser from continuing the offending behaviour. They can include restrictions against contacting, approaching, or communicating with the victim.
Expedited Protection Orders (EPOs): In urgent cases, victims can seek an expedited order to gain immediate protection, even before a full hearing takes place.
Monetary Compensation: Victims may also pursue civil claims for monetary damages caused by harassment, such as emotional distress or reputational harm.
2. Remedies for Victims of False Allegations
Individuals who are falsely accused under POHA also have recourse to legal remedies:
Counter-Applications for False Statements: Victims of false allegations can apply for court orders to stop the spread of untrue statements and require corrections to be published.
Monetary Damages: In cases where false accusations cause significant reputational or emotional harm, the wrongfully accused may claim damages through civil proceedings.
Criminal Defamation Actions: Where appropriate, a person falsely accused can file a police report for criminal defamation under Section 499 of the Penal Code.
Whether you are seeking protection from harassment or defending yourself against wrongful accusations, understanding your remedies under POHA is crucial to safeguarding your legal rights.
Protection from Harassment Act
The Protection from Harassment Act (POHA) protects you against various types of harassment such as:
- Intentionally causing harassment, alarm, or distress through threatening, abusive or insulting behaviour, communication, as well as through disclosure of personal data of the target person (also known as doxing);
- Engaging in behaviour or communication which are likely to cause harassment, alarm, or distress when perceived by any person;
- Causing fear, making provocations, or facilitating violence;
- Insulting or behaving in an indecent, abusive or threatening manner towards public officials or public service workers; and
- Unlawful stalking.
Depending on which remedies you desire, you can choose between a criminal or civil route. For a criminal course of action, you may report the matter to the police. The police will investigate the matter. Thereafter, the prosecution will decide if any POHA offence is made out and, if so, whether to prosecute the offender. If convicted, an offender may be fined up to $5,000 or jailed up to 12 months or both.
Should the police/prosecution take the view that an offence is not made out and/or there is no public interest in prosecuting the offender, you may choose to file a Magistrate’s Complaint against the offender. If the court allows that, this can result in you conducting a private prosecution against the offender.
For a civil course of action, in most cases, the goal is to obtain a protection order against the perpetrator. Such matters will be heard under the Protection from Harassment Court (PHC). PHC has a broad authority to include any directions to the protection which it deems necessary to stop the harassment. The terms of the protection order usually include a prohibition of any abusive acts towards the victim, discontinuing similar communication, and removal of harassing publications etc.
Protection from Harassment Act
The Protection from Harassment Act (POHA) protects you against various types of harassment such as:
- Intentionally causing harassment, alarm, or distress through threatening, abusive or insulting behaviour, communication, as well as through disclosure of personal data of the target person (also known as doxing);
- Engaging in behaviour or communication which are likely to cause harassment, alarm, or distress when perceived by any person;
- Causing fear, making provocations, or facilitating violence;
- Insulting or behaving in an indecent, abusive or threatening manner towards public officials or public service workers; and
- Unlawful stalking.
Depending on which remedies you desire, you can choose between a criminal or civil route. For a criminal course of action, you may report the matter to the police. The police will investigate the matter. Thereafter, the prosecution will decide if any POHA offence is made out and, if so, whether to prosecute the offender. If convicted, an offender may be fined up to $5,000 or jailed up to 12 months or both.
Should the police/prosecution take the view that an offence is not made out and/or there is no public interest in prosecuting the offender, you may choose to file a Magistrate’s Complaint against the offender. If the court allows that, this can result in you conducting a private prosecution against the offender.
For a civil course of action, in most cases, the goal is to obtain a protection order against the perpetrator. Such matters will be heard under the Protection from Harassment Court (PHC). PHC has a broad authority to include any directions to the protection which it deems necessary to stop the harassment. The terms of the protection order usually include a prohibition of any abusive acts towards the victim, discontinuing similar communication, and removal of harassing publications etc.
Frequently Asked Questions about Protection From Harassment Act Singapore
1. What is the definition of consent under Singapore law?
Consent, as defined in Section 90 of the Penal Code, refers to a person’s voluntary agreement to engage in an act without coercion, deception, or undue influence. If consent is obtained through force, fear of harm, or misrepresentation, it is not considered valid.
2. Can a man be a victim of sexual assault in Singapore?
Yes, men can also be victims of sexual assault under Section 376 of the Penal Code, which covers sexual assault by penetration. The law is gender-neutral in addressing non-consensual acts, ensuring protection for all individuals.
3. Is it a crime if a victim consents to certain acts but refuses others, and the offender exceeds these boundaries?
Yes, it is a crime. Consent must be specific and can be withdrawn at any time. For instance, if the victim consents to kissing but clearly refuses further sexual acts, continuing beyond that refusal constitutes sexual assault or rape under Sections 375 and 376 of the Penal Code.
4. Can an intoxicated person give consent?
Under Singapore law, a person who is intoxicated or under the influence of drugs may not have the capacity to provide valid consent. Section 375(4) explicitly states that consent is not valid if the person is incapable of understanding the nature and consequences of the act due to intoxication.
5. What is the legal stance on marital rape in Singapore?
Marital rape is recognized as a crime in Singapore. As of 2020, the Penal Code was amended to remove the marital immunity clause. This means that a spouse can be charged with rape if they engage in non-consensual sexual intercourse, irrespective of their marital status.
6. What is the difference between rape and sexual assault by penetration in Singapore?
Rape, defined under Section 375, involves penile penetration of the vagina, anus, or mouth without consent. Sexual assault by penetration, covered under Section 376, includes the use of any object or part of the body (other than a penis) to penetrate the victim’s body. Both carry severe penalties, including up to 20 years’ imprisonment, caning, and fines.
7. Is cyber sexual harassment punishable under Singapore law?
Yes, cyber sexual harassment falls under the Protection from Harassment Act (POHA) in Singapore. Sending unsolicited sexual messages, images, or videos through online platforms, as well as sharing intimate images without consent (revenge porn), are criminal offenses.
8. What protections does the law offer to victims of workplace sexual harassment?
Workplace sexual harassment is addressed under the POHA. Victims can file a police report or seek a protection order to stop the harassment. Employers are also encouraged to implement clear anti-harassment policies and provide support for affected employees.
9. What should I do if I experience sexual assault in Singapore?
- Seek medical attention immediately to document injuries and collect evidence.
- File a police report as soon as possible.
- Consult a criminal lawyer for guidance on legal proceedings and victim rights.
