PART 2 | Intentionally causing harassment, alarm or distress |
3.—(1) An individual or entity must not, with intent to cause harassment, alarm or distress to another person (called in this section the target person), by any means —| (a) | use any threatening, abusive or insulting words or behaviour; | | (b) | make any threatening, abusive or insulting communication; or | | (c) | publish any identity information of the target person or a related person of the target person, |
| and as a result causing the target person or any other person (each called in this section the victim) harassment, alarm or distress. |
[17/2019] | (2) Any individual or entity that contravenes subsection (1) shall be guilty of an offence and, subject to section 8, shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [17/2019] |
(3) In any proceedings for an offence under subsection (2), it is a defence for the accused individual or accused entity (called in this section the accused) to prove that the accused’s conduct was reasonable. | | (a) X and Y are coworkers. At the workplace, X loudly and graphically describes to the other coworkers X’s desire for a sexual relationship with Y in an insulting manner. X knows that Y is within earshot and intends to cause Y distress. Y is distressed. X is guilty of an offence under this section. |
| | (b) X writes a letter containing threatening words towards Y intending to send the letter to Y to cause him or her alarm. X decides not to send the letter and throws it away. Y finds the letter and is alarmed. X is not guilty of an offence under this section as he or she had no reason to believe that the letter would be seen by Y. |
| | (c) X and Y were formerly in a relationship which has since ended. X writes a post on a social media platform making abusive and insulting remarks about Y’s alleged sexual promiscuity. In a subsequent post, X includes Y’s photographs and personal mobile number, intending to cause Y harassment by facilitating the identification or contacting of Y by others. Y did not see the posts, but receives and is harassed by telephone calls and SMS messages from strangers (who have read the posts) propositioning Y for sex. X is guilty of an offence under section 3(2) in relation to each post. |
| | (d) X records a video of Y driving recklessly in a car on the road. X posts the video on an online forum, where people share snippets of dangerous acts of driving on the road. X posts the video with the intent to warn people to drive defensively. X has not committed an offence under this section. |
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[17/2019] |
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| Harassment, alarm or distress |
4.—(1) An individual or entity must not by any means —| (a) | use any threatening, abusive or insulting words or behaviour; or | | (b) | make any threatening, abusive or insulting communication, |
| which is heard, seen or otherwise perceived by any person (called in this section the victim) likely to be caused harassment, alarm or distress. |
[17/2019] | (2) Any individual or entity that contravenes subsection (1) shall be guilty of an offence and, subject to section 8, shall be liable on conviction to a fine not exceeding $5,000. [17/2019] |
(3) In any proceedings for an offence under subsection (2), it is a defence for the accused individual or accused entity (called in this section the accused) to prove —| (a) | that the accused had no reason to believe that the words or behaviour used, or the communication made, by the accused would be heard, seen or otherwise perceived by the victim; or | | (b) | that the accused’s conduct was reasonable. | | (a) X and Y are classmates. X posts a vulgar tirade against Y on a website accessible to all of their classmates. One of Y’s classmates shows the message on the website to Y, and Y is distressed. X is guilty of an offence under this section. |
| | (b) X and Y are classmates. X gathers with other classmates outside Y’s family home, where Y lives with Y’s parents, and shouts threats at Y. Y is not at home. Y’s mother hears X’s threats and is distressed, because she fears for Y’s safety. X is guilty of an offence under this section. |
| | (c) X enters a bus station and starts to brandish a sword. Several persons present are alarmed by X’s behaviour. X is guilty of an offence under this section even though X’s actions were not directed at anyone. |
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[17/2019] |
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| Fear, provocation or facilitation of violence |
5.—(1) An individual or entity must not by any means use towards another person (called in this section, except subsection (1A), the victim) any threatening, abusive or insulting words or behaviour, or make any threatening, abusive or insulting communication to another person (also called in this section, except subsection (1A), the victim), either —| (a) | with the intent —| (i) | to cause the victim to believe that unlawful violence will be used by any person against the victim or any other person; or | | (ii) | to provoke the use of unlawful violence by the victim or another person against any other person; or |
| | (b) | whereby —| (i) | the victim is likely to believe that such violence mentioned in paragraph (a)(i) will be used; or | | (ii) | it is likely that such violence mentioned in paragraph (a)(ii) will be provoked. [17/2019] |
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(1A) An individual or entity must not by any means publish any identity information of another person (called in this subsection the victim) or a related person of the victim, either —| (a) | with the intent —| (i) | to cause the victim to believe that unlawful violence will be used against the victim or any other person; or | | (ii) | to facilitate the use of unlawful violence against the victim or any other person; or |
| | (b) | knowing or having reasonable cause to believe that it is likely —| (i) | to cause the victim to believe that unlawful violence will be used against the victim or any other person; or | | (ii) | to facilitate the use of unlawful violence against the victim or any other person. [17/2019] |
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| (2) Any individual or entity that contravenes subsection (1) or (1A) shall be guilty of an offence and, subject to section 8, shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [17/2019] |
(3) In any proceedings for an offence under subsection (2), it is a defence for the accused individual or accused entity (called in this section the accused) to prove —| (a) | in respect of a contravention of subsection (1)(b), that the accused had no reason to believe that the words or behaviour used, or the communication made, by the accused would be heard, seen or otherwise perceived by the victim; or | | (b) | that the accused’s conduct was reasonable. | | (a) X and Y are classmates. X writes a post with threatening and abusive remarks against Y on a website accessible to all their classmates. X writes a subsequent post on the same website, stating Y’s identity information and stating “Everyone, let’s beat Y up!”. X is guilty of an offence under this section in respect of the subsequent post. |
| | (b) X writes a public post on a social media platform containing threats against Y. X publishes a subsequent public post stating A’s home address and a message “I know where you live”. X is guilty of an offence under this section relating to conduct mentioned in section 5(1A)(a)(i) if X intends the subsequent post to cause Y to believe that violence will be used against A, or an offence under this section relating to conduct mentioned in section 5(1A)(b)(i) if X knows that it is likely that Y will believe that violence will be used against A as a result of X’s subsequent post. |
| | (c) X writes a post (on a social media platform to which Y does not have access) containing threats of violence against Y and calling others to “hunt him down and teach him a lesson”. B posts Y’s home address in reply to X’s post. B is guilty of an offence under this section. |
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[17/2019] |
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| Offences in relation to public servant or public service worker |
6.—(1) An individual or entity that by any means —| (a) | uses any indecent, threatening, abusive or insulting words or behaviour; or | | (b) | makes any indecent, threatening, abusive or insulting communication, |
| towards or to a public servant or public service worker (called in this section, except subsection (1A), the victim) in relation to the execution of the duty of the public servant or public service worker, shall be guilty of an offence. |
[17/2019] (1A) An individual or entity that contravenes section 3(1)(c) (in relation to a target person under section 3(1)(c) who is a public servant or public service worker) —| (a) | with the intent to prevent or deter that public servant or public service worker from discharging the duty of that public servant or public service worker; or | | (b) | in consequence of anything done or attempted to be done by that public servant or public service worker in the lawful discharge of the duty of that public servant or public service worker, |
| shall be guilty of an offence. |
[17/2019] |
| (2) No offence is committed under this section unless the accused individual or accused entity (called in this section the accused) knows or ought reasonably to know that the victim was acting in the victim’s capacity as a public servant or public service worker, as the case may be. [17/2019] |
| (3) Subject to section 8, an individual or entity shall be liable, on conviction for an offence under subsection (1) or (1A), to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [17/2019] |
(4) It is a defence for the accused to prove —| (a) | in any proceedings for an offence under subsection (1), that the accused had no reason to believe that the words or behaviour used, or the communication made, by the accused would be heard, seen or otherwise perceived by the victim; or | | (b) | in any proceedings for an offence under subsection (1) or (1A), that the accused’s conduct was reasonable. [17/2019] |
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(5) In this section —| “public servant” has the meaning given by the Penal Code 1871, and includes any person who, by virtue of any other written law, is deemed to be a public servant for the purposes of the Penal Code 1871; |
| “public service worker” means an individual who belongs to a prescribed class of employees or workers that provides any service which is essential to the wellbeing of the public or the proper functioning of Singapore, as prescribed under subsection (6). |
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| (6) For the purposes of the definition of “public service worker” in subsection (5), the Minister may, by order in the Gazette, prescribe the classes of employees or workers and the services provided by them. |
(7) Every order made under subsection (6) must be presented to Parliament as soon as possible after publication in the Gazette. | | X is unhappy that a public servant, Y, refused to waive a late payment charge. X writes several posts on an open social media platform with abusive comments about Y in relation to the incident. In a subsequent post, X posts Y’s name, home address and photograph on the same open social media platform in order to cause Y distress. Y is distressed by the subsequent post. X is guilty of an offence under this section. |
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[17/2019] |
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| 7.—(1) An individual or entity must not unlawfully stalk another person. [17/2019] (2) Subject to subsection (7), an individual or entity (called in this section the accused) unlawfully stalks another person (called in this section the victim) if the accused engages in a course of conduct which —| (a) | involves acts or omissions associated with stalking; | | (b) | causes harassment, alarm or distress to the victim; and | | (c) | the accused —| (i) | intends to cause harassment, alarm or distress to the victim; or | | (ii) | knows or ought reasonably to know is likely to cause harassment, alarm or distress to the victim. [17/2019] |
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(3) The following are examples of acts or omissions which, in particular circumstances, are ones associated with stalking:| (a) | following the victim or a related person; | | (b) | making any communication, or attempting to make any communication, by any means —| (i) | to the victim or a related person; | | (ii) | relating or purporting to relate to the victim or a related person; or | | (iii) | purporting to originate from the victim or a related person; |
| | (c) | entering or loitering in any place (whether public or private) outside or near the victim’s or a related person’s place of residence or place of business or any other place frequented by the victim or the related person; | | (d) | interfering with property in the possession of the victim or a related person (whether or not the accused has an interest in the property); | | (e) | giving or sending material to the victim or a related person, or leaving it where it will be found by, given to or brought to the attention of, the victim or a related person; | | (f) | keeping the victim or a related person under surveillance.| These acts are acts associated with stalking of X by Y: |
| (a) Y repeatedly sends emails to Y’s subordinate (X) with suggestive comments about X’s body. |
| (b) Y sends flowers to X daily even though X has asked Y to stop doing so. |
| (c) Y repeatedly circulates revealing photographs of a classmate (X) to other classmates. |
[17/2019] |
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| (4) For the purposes of subsection (2)(c), the accused ought reasonably to know that the accused’s course of conduct is likely to cause harassment, alarm or distress to the victim if a reasonable person in possession of the same information would think that the course of conduct is likely to have that effect. [17/2019] |
(5) In considering whether a course of conduct is likely to cause harassment, alarm or distress, the court may have regard to the following factors:| (a) | the number of occasions on which the acts or omissions associated with stalking were carried out; | | (b) | the frequency and the duration of the acts or omissions associated with stalking that were carried out; | | (c) | the manner in which the acts or omissions associated with stalking were carried out; | | (d) | the circumstances in which the acts or omissions associated with stalking were carried out; | | (e) | the particular combination of acts or omissions associated with stalking comprised in the course of conduct; | | (f) | the likely effects of the course of conduct on the victim’s safety, health, reputation, economic position, or the victim’s freedom to do any act which he or she is legally entitled to do or not to do any act which he or she is not legally bound to do; and | | (g) | the circumstances of the victim including his or her physical or mental health and personality. |
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| (6) Any individual or entity that contravenes subsection (1) shall be guilty of an offence and, subject to section 8, shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [17/2019] |
(7) In any proceedings for an offence under subsection (6), it is a defence for the accused to prove —| (a) | that the course of conduct was reasonable in all the circumstances; | | (b) | that the course of conduct was pursued under any written law or rule of law or to comply with any condition or requirement imposed by any person under any written law; | | (c) | that the course of conduct was lawfully done under a duty or power under any written law for the purpose of preventing or detecting crime; or | | (d) | that the course of conduct was done on behalf of the Government and was necessary for the purposes of national security, national defence or the conduct of international relations. [17/2019] |
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| (8) If any dispute arises as to whether any act falls within paragraph (d) of subsection (7), a certificate issued under the hand of the Minister responsible for national security, or for national defence or for the conduct of international relations (as the case may be), stating that in the Minister’s opinion any act done by a specified individual or specified entity on a specified occasion falls within that paragraph is conclusive evidence that the act falls within that paragraph. [17/2019] |
| (9) A document purporting to be a certificate issued pursuant to subsection (8) and to be issued under the hand of the Minister shall be received in evidence and, unless the contrary is proved, be treated as being such a certificate. |
(10) In this section, “course of conduct” means conduct —| (a) | on one occasion, if —| (i) | the conduct is protracted; or | | (ii) | the accused has a previous conviction under this section in respect of the same victim; or |
| | (b) | on 2 or more occasions in any other case.| Y surreptitiously plants a camera in X’s apartment. Unknown to X, the camera continuously transmits live videos of X in X’s apartment and Y watches the videos continually over several days. Y’s conduct is protracted. |
[17/2019] |
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| Enhanced penalty for subsequent offence |
8.—(1) An individual or entity that is convicted (whether before, on or after 15 November 2014) of any offence under the repealed section 13A, 13B, 13C or 13D of the Miscellaneous Offences (Public Order and Nuisance) Act 1906 in force before that date or who is convicted of any offence under section 17C(2) of the Private Security Industry Act 2007* or under section 3, 4, 5, 6 or 7 shall, on a subsequent conviction —| (a) | for an offence under section 3, be liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; | | (b) | for an offence under section 4, be liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; | | (c) | for an offence under section 5, be liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; | | (d) | for an offence under section 6, be liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; and | | (e) | for an offence under section 7, be liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. [17/2019] [Act 29 of 2021 wef 01/05/2022] [*Updated to be consistent with the 2020 Revised Edition] |
| (2) An individual or entity that is convicted (whether before, on or after 1 January 2020) of an offence under section 10 shall, on a subsequent conviction for an offence under section 10 that is committed on or after that date, be liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. [17/2019] |
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| Enhanced penalty for offence against vulnerable person |
8A.—(1) This section applies where an individual or entity (called in this section the offender) is convicted of any of the following offences relating to a victim who is a vulnerable person and the enhanced penalty under section 8 does not apply to that conviction:| (a) | an offence under section 3, 4, 5 or 7 that is committed on or after 1 January 2020 against such a victim; | | (b) | an offence under section 10 that is committed on or after 1 January 2020 for failure to comply with an order given in respect of such a victim of a contravention of section 3, 4, 5 or 7. [17/2019] |
| (2) The court may sentence the offender to punishment not exceeding twice the maximum punishment that the court could, but for this section, impose for the offence, if at the time of committing the offence the offender knew or ought reasonably to have known that the victim was a vulnerable person. [27/2018; 17/2019] |
| (2A) This section does not apply where the offender proves that despite being a vulnerable person, the victim was capable of protecting himself or herself from the offender in respect of the harm caused by the offence in the same manner as an ordinary person who is not a vulnerable person. [17/2019] |
(3) In this section —| “abuse” has the meaning given by section 2(1) of the Vulnerable Adults Act 2018; |
“harm” means —| (a) | any physical harm; | | (b) | harassment, alarm or distress; or | | (c) | being caused to believe that unlawful violence will be used against the victim; |
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| “neglect” has the meaning given by section 2(1) of the Vulnerable Adults Act 2018; |
| “self-neglect” has the meaning given by section 2(1) of the Vulnerable Adults Act 2018; |
| “vulnerable person” means an individual who is, by reason of mental or physical infirmity, disability or incapacity, substantially unable to protect himself or herself from abuse, neglect or self‑neglect. [17/2019] |
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| Enhanced penalty for offence against victim in intimate relationship with offender |
8B.—(1) This section applies where an offender (A) is convicted of —| (a) | an offence under section 3, 4, 5 or 7 that is committed on or after 1 January 2020 against a victim who was or is in an intimate relationship with A; or | | (b) | an offence under section 10 that is committed on or after 1 January 2020 for failure to comply with an order given in respect of a victim of a contravention of section 3, 4, 5 or 7 who was or is in an intimate relationship with A, |
| and the enhanced penalty under section 8 does not apply to that conviction. |
[17/2019] | (2) The court may sentence A to punishment not exceeding twice the maximum punishment that the court could impose for the offence under section 3, 4, 5, 7 or 10 (as the case may be), if at the time of committing the offence A knew or ought reasonably to have known that the victim (B) was or is in an intimate relationship with A. [17/2019] |
(3) In this section, the court may determine whether B was or is in an intimate relationship with A having regard to all the circumstances of the case, including the following:| (a) | whether A and B are living in the same household, although it is not necessary that they live in the same household; | | (b) | whether A and B share the tasks and duties of their daily lives; | | (c) | whether A and B have made arrangements to share expenses or financial support and the degree of financial dependence or interdependence between A and B; | | (d) | whether there is a sexual relationship between A and B, although it is not necessary that there be a sexual relationship between them; | | (e) | whether A and B share the care and support of a specific person below 21 years of age; | | (f) | whether A and B conduct themselves toward their friends, relatives or other persons as parties to an intimate relationship, and whether A and B are so treated by their friends, relatives or other persons. [17/2019] |
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| (4) Subsection (2) does not apply where A proves that, despite A having been or being in an intimate relationship with B, the relationship between A and B did not adversely affect B’s ability to protect B from A in respect of the harm caused by the offence. [17/2019] |
(5) In subsection (4), “harm” means —| (a) | any physical harm; | | (b) | harassment, alarm or distress; or | | (c) | being caused to believe that unlawful violence will be used against the victim. [17/2019] |
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| Application of sections 8A and 8B |
8C. Where sections 8A and 8B are both applicable to enhance the punishment for an offence —| (a) | the punishment for that offence shall not be enhanced by the application of more than one section; and | | (b) | the court may determine which section should apply to enhance the punishment. [17/2019] |
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| 9. A court has, upon the conviction of any person for any offence under section 3, 4, 5, 6, 7 or 10, the power to make a community order under Part 17 of the Criminal Procedure Code 2010 despite any provision to the contrary in section 337(1)(h) of that Code. [17/2019] |
| Contravention of certain orders |
10.—(1) An individual or entity that, without reasonable excuse, fails to comply with an order made under —| (a) | section 12(2) or (2E); or | | (b) | section 13(1) or (1B), |
| (except any provision mentioned in section 12(2B)(c), or any requirement mentioned in section 12(3) relating to that provision) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. |
[17/2019] | (1A) In proceedings for an offence under subsection (1), an accused is presumed, until the contrary is proved, to have knowledge of the terms of an order made under this Act at and after the time when the order takes effect. [17/2019] |
| (2) Subject to subsection (3), subsection (1) does not affect the powers of the court in relation to the punishment for contempt of court. |
| (3) Where a person is convicted of an offence under subsection (1) in respect of any non‑compliance with an order, that non‑compliance is not punishable as a contempt of court. |
| (4) A person cannot be convicted of an offence under subsection (1) in respect of any non‑compliance with an order which has been punished as a contempt of court. |
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