Protection from Harassment Act 2014 - Singapore Statutes Online

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.

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(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.

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(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.

Illustrations

(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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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]

(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]

(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.

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(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.

Illustrations

(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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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.

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(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.

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(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.

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(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.

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(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]

(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).

(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.

Illustration

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.

[17/2019]

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