Protection from Harassment Act 2014 now in force

Quicker, easier ways to get legal recourse for harassment
By Kimberly Spykerman, Channel NewsAsia, 15 Jan 2015

The Protection from Harassment Act 2014, which was introduced to strengthen harassment laws here and was passed by Parliament on Mar 13 last year, is now in force.

A range of civil remedies and criminal sanctions is available to better protect people from harassment and related anti-social behaviour - both online and in the physical world, according to the joint press release by the Ministry of Law and Ministry of Home Affairs.

The State Courts received 79 Magistrate's Complaints for harassment between Nov 15, 2014 and Jan 7, 2015. Most of them were for causing alarm and distress.

The remaining complaints comprised causing fear or provocation of violence, and unlawful stalking. The courts could see these numbers go up as the process to file applications under the Act is made less intimidating for the public.

Under civil remedies, victims may apply directly to the Court for a Protection Order, which will direct the harasser to stop, as well as stop the spread of harassing communication by others who republish the communication.

First, the victim applies to the State Courts for a Protection Order. In urgent cases, the Court may grant a temporary Expedited Protection Order on the spot, the release stated. The perpetrator will have to be informed. Both parties will have to attend a court hearing - where a judge then decides whether to grant the Protection Order.

The legal fees in a fairly straightforward case involving a Protection Order is also relatively cheaper, at S$300 to S$500, compared to costs associated with long, drawn out legal proceedings. Victims who require financial help can also seek help from the Legal Aid Bureau.

Since November 2014, there have been 13 applications for Protection Orders under Originating Summons. Three have been granted, while the remaining cases are ongoing.

Mr Wendell Wong, Director of Dispute Resolution at Drew & Napier, said: "The act is clearly relevant and useful. The take-up rate really shows that. But clearly we are in a bit of a new frontier - because before that, there wasn't a base to compare some of these numbers with. Previously, you would only have Personal Protection Orders for domestic violence cases, whereas now the suite of civil remedies are a lot more."

A victim of false statements of facts alleged against him can also seek recourse. If the victim can prove the statements are false, the Court can direct that a "suitable notification" be put out to alert readers the statements are false.

Besides seeking a Protection Order, people can sue for monetary damages if they are a victim of harassment, the ministries stated.

As for criminal responses, the Act will apply to offences committed outside Singapore as long as certain conditions are satisfied. For example, where an offender who is overseas stalks a victim who is in Singapore, and the offender knew or ought to have known that the victim would be in Singapore when doing so, he may be found guilty of the offence of stalking.

Enforcing this may have its challenges, but lawyers say it is a process that can be fine-tuned.

Said Mr Wong: "I think the stakeholders will have to continue to give the government feedback as to how we can make improvements and how we can further make the act even more relevant, and accessible, and affordable to the victims."

"Importantly I think, is that we ensure we keep our finger on the pulse of the matter, and if there are difficulties faced going forward, hopefully the government will not be discouraged in dealing with them, and we can look at perhaps options, as to how we can assist victims further," he added.

Penalties for convictions range from fines not exceeding S$5,000 to imprisonment for a term not exceeding 12 months or both. For repeat offenders, this increases to S$10,000 or imprisonment for a term not exceeding two years or both, according to the press release.

Protection from Harassment Act: 5 things you need to know about the landmark legislation
By Jalelah Abu Baker, The Straits Times, 15 Jan 2015

A district court on Wednesday ordered doctor K. Paramesvaran to remove the captions he had put into two videos that he uploaded detailing his run-in with Frenchman Yannick Pierre Yves Le Borgne at a Caltex station last April. The order is an interim one until the case is settled in court.

It is believed to be the first time that a court issued an expedited protection order (EPO) under the Protection from Harassment Act. The expedited order works on a temporary basis to prevent further alleged harassment until a case is settled.

The Protection from Harassment Act, a landmark legislation, came into force here in November 2014. According to the State Courts, between Nov 15 and Jan 7, there were 79 Magistrate's Complaints for harassment, which relate to criminal cases. There were also 13 applications for Protection Orders under Originating Summons, which are civil remedies. Three Protection Orders have been issued by the State Courts, and the remainder of the cases are ongoing.

The Ministry of Law says the law seeks to better protect people from harassment and related anti-social behaviour.

Here are 5 things about the Protection from Harassment Act:

1. Act will protect victims of all types of harassment, including stalking

The Act, which was passed by Parliament on March 13, 2014, will provide civil and criminal recourse for victims of harassment. It will help victims of harassment, alarm or distress, fear, provocation, and stalking. The Ministry of Law worked with agencies and stakeholders such as the Ministry of Home Affairs, the Ministry of Education, social welfare agencies and the Courts to develop the detailed rules and processes for dealing with the various forms of harassment behaviours.

2. Victims may apply directly to the Court for a Protection Order

The Protection Order will direct the harasser to stop the harassing behaviour. The Protection Order can also put a stop to the spread of harassing communication by others who re-publish the communication. In urgent cases, the Court may grant a temporary Expedited Protection Order on the spot.

It costs between $300 to $500 to lodge a complaint, but those in financial need can seek help from the Legal Aid Bureau. 

3. Victims of false statements of facts alleged against him or her can seek recourse

If the victim can prove in court that the statements are false, the Court can direct the publication of a suitable notification which alerts readers that the statements are false. The form of notification will be at the discretion of the Court.

4. The Act applies both to the physical world and online world, and may also apply out of Singapore

Whether the harassment is committed in the physical world or online, it will fall under the Act. The Act will also apply to offences committed outside Singapore as long as certain conditions are satisfied. For example, where an offender who is overseas stalks a victim who is in Singapore, and the offender knew or ought to have known that the victim would be in Singapore when doing so, he may be found guilty of the offence of stalking.

5. Penalties include fines and jail terms

Breaches of Protection Orders or Expedited Protection Orders may amount to criminal offences. Penalties for convictions range from fines not exceeding $5,000 to imprisonment for a term not exceeding 12 months or both. For repeat offenders, this increases to $10,000 or imprisonment for a term not exceeding two years or both.

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