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.

[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.

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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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Unlawful stalking

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]

(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.

Illustrations

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.

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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.

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(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.

(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]

(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.

Illustration

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]

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.

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(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.

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(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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