No. S 220
Supreme Court of Judicature Act
(CHAPTER 322)
Rules of Court
(Amendment No. 2) Rules 2020
In exercise of the powers conferred by section 80 of the Supreme Court of Judicature Act and all other powers enabling us under any written law, we, the Rules Committee, make the following Rules:
Citation and commencement
1.  These Rules are the Rules of Court (Amendment No. 2) Rules 2020 and come into operation on 1 April 2020.
Amendment of Order 109
2.  Order 109 of the Rules of Court (R 5) is amended —
(a)by deleting the definitions of “Act”, “author” and “communication” in Rule 1(1) and substituting the following definition:
“ “Act” means the Protection from Harassment Act (Cap. 256A);”;
(b)by deleting the definition of “offending communication” in Rule 1(1) and substituting the following definitions:
“ “false statement order” means a correction order, a disabling order, a general correction order, a stop publication order or a targeted correction order;
“interim false statement order” means an interim disabling order, an interim notification order, an interim stop publication order or a targeted interim notification order;
“proper address” has the meaning given by Order 62, Rule 6(2);”;
(c)by inserting, immediately after the words “section 13” in the definition of “protection order” in Rule 1(1), the words “of the Act”;
(d)by deleting the definitions of “publish”, “respondent”, “section 15(2) order” and “subject” in Rule 1(1) and substituting the following definition:
“ “respondent”, in relation to a protection order, means the individual or entity alleged to have contravened section 3, 4, 5, 6 or 7 of the Act in respect of the victim to whom the protection order relates;”;
(e)by inserting, immediately after the words “or 7” in the definition of “victim” in Rule 1(1), the words “of the Act”;
(f)by deleting sub-paragraph (b) of Rule 1(2);
(g)by deleting the full-stop at the end of sub‑paragraph (c) of Rule 1(2) and substituting the word “; and”, and by inserting immediately thereafter the following sub‑paragraph:
“(d)the following words have the same meanings as in section 2 of the Act:
“author”, “communication”, “correction order”, “disabling order”, “entity”, “general correction order”, “interim disabling order”, “interim notification order”, “interim stop publication order”, “internet intermediary”, “offending communication”, “Part 3 proceedings”, “publish”, “related person”, “relevant party”, “statement”, “stop publication order”, “targeted correction order” and “targeted interim notification order”.”;
(h)by deleting the words “under section 12(1)” in Rule 2(1);
(i)by deleting the words “in the application” in Rule 2(6) and substituting the words “for a protection order”;
(j)by deleting the words “section 12(5)(a), any order under section 12(3)(b) or direction under section 12(3)(d)” in Rule 2(10) and (11) and substituting in each case the words “section 12(5)(a) of the Act, any order under section 12(3)(b) of the Act or direction under section 12(3)(d) of the Act”;
(k)by deleting the words “section 12(3)(b) or direction under section 12(3)(d)” wherever they appear in Rule 2(13) and substituting in each case the words “section 12(3)(b) of the Act or direction under section 12(3)(d) of the Act”;
(l)by deleting the words “under section 12(1)” in the rule heading of Rule 2;
(m)by deleting the words “under section 12(7)” in Rule 3(1);
(n)by deleting the words “under section 12(7)” in the rule heading of Rule 3;
(o)by deleting Rules 4 and 5 and substituting the following Rules:
“Application for false statement order or interim false statement order (O. 109, r. 4)
4.—(1)  An application for a false statement order must be made by ex parte originating summons in Form 242 and supported by an affidavit in Form 243.
(2)  An applicant for a false statement order may apply for a corresponding interim false statement order —
(a)by so indicating in the application for the false statement order; or
(b)where the application for the false statement order has already been made, by summons in Form 242A in the originating summons for the false statement order, supported by an affidavit in Form 243.
(3)  The Court may give directions for notice of the application for an interim false statement order or the application for a false statement order (as the case may be) to be given by way of service of the application and supporting affidavit on the following persons, including directions for service out of jurisdiction, as the Court thinks fit:
(a)the relevant party in relation to that order;
(b)the author of the relevant statement to which that order relates;
(c)an individual or entity that published the relevant statement to which that order relates.
(4)  Where the Court has given directions for the service of the application and supporting affidavit on any person, the applicant must, within 8 days after the date on which the application and supporting affidavit are served on that person, file an affidavit of service.
(5)  The Court may grant an interim stop publication order or an interim notification order despite any person not having notice of the application for that order.
(6)  Each person mentioned in paragraph (3) may file an affidavit in reply in Form 244 within 14 days after being served with the application and supporting affidavit, and no further affidavit in reply is to be filed or served by that person except with the leave of the Court.
(7)  Where an affidavit has been filed for an application for a false statement order or an interim false statement order (as the case may be), no further affidavit is to be filed or served in support of that application, except for an application under paragraph (2)(b) or with the leave of the Court.
(8)  Order 28, Rule 8 does not apply to any proceedings for a false statement order or an interim false statement order.
(9)  The Court may —
(a)give directions for the hearing of the application for a false statement order or an interim false statement order as the Court thinks fit;
(b)conduct the hearing of the application in any manner as the Court thinks fit; and
(c)where any party does not appear at the hearing of the application, proceed with the hearing of the application in the absence of that party.
(10)  A false statement order —
(a)must be in Form 245;
(b)must be served, in accordance with rule 8, on each person mentioned in paragraph (3) as directed by the Court; and
(c)must contain, or be served with an order of the Court containing, the Court’s directions mentioned in sub‑paragraph (b).
(11)  An interim false statement order —
(a)must be in Form 245A;
(b)must be served in accordance with rule 8 —
(i)on each person mentioned in paragraph (3) as directed by the Court; and
(ii)together with a copy each of the application for the interim false statement order and the affidavit in support of the application, if the person was not previously so served; and
(c)must contain, or be served with an order of the Court containing, the Court’s directions mentioned in sub‑paragraph (b)(i).
(12)  A stop publication order or an interim stop publication order (as the case may be) served on an individual or entity mentioned in section 15A(3) of the Act, who was not identified by the Court as a person to whom the order applies when the order was made, must be served together with a notification in Form 246 in respect of that person.
(13)  Every notification in Form 246 must be filed before it is served pursuant to paragraph (12).
(14)  The party in whose favour any stop publication order or interim stop publication order is made may apply to the Court for leave to amend a notification in Form 246 of that order.
(15)  An application under paragraph (14) —
(a)may be made ex parte;
(b)despite Order 32, Rule 1, may be made orally; and
(c)must be supported by a copy of the notification in Form 246 setting out the proposed amendments.
(16)  Where the Court grants leave for the amendment of a notification in Form 246 of the stop publication order or interim stop publication order mentioned in paragraph (14), the Court may direct service on any person to whom the amended notification applies, of —
(a)the amended notification in Form 246; and
(b)the stop publication order or interim stop publication order to which the notification in Form 246 relates, if that order has not been previously served on that person.
(17)  In paragraphs (12) to (16), a reference to a notification in Form 246 includes a reference to any such notification which is amended with the leave of Court under paragraph (14).
Application to vary, suspend or cancel false statement order or interim false statement order (O. 109, r. 5)
5.—(1)  An application to vary, suspend or cancel a false statement order or an interim false statement order must be —
(a)made by summons in Form 247 in the originating summons in which the false statement order or interim false statement order (as the case may be) was made; and
(b)supported by an affidavit in Form 248.
(2)  The applicant must serve the application and supporting affidavit —
(a)if the applicant is the subject of the relevant statement, on every person mentioned in Rule 4(3); or
(b)if the applicant is a person mentioned in Rule 4(3), on the subject of the relevant statement and every other person mentioned in Rule 4(3).
(3)  The Court may —
(a)give such directions for the hearing of the application as the Court thinks fit;
(b)conduct the hearing of the application in such manner as the Court thinks fit; and
(c)where any party does not appear at the hearing of the application, proceed with the hearing of the application in the absence of that party.
(4)  Any order made by the Court pursuant to the application must be served in accordance with Rule 8 by the party in whose favour the order is made, on the following persons as the Court may direct:
(a)every other party to the application;
(b)any other person mentioned in Rule 4(3) as the Court may direct.”;
(p)by deleting the words “and (7)” in Rule 6(1) and (2) and substituting in each case the words “and (8)”;
(q)by deleting “4(8)(a)” in Rule 6(1) and substituting “4(9)(a)”;
(r)by deleting the words “4(8)(a) and (b)” in Rule 6(2) and (3) and substituting in each case the words “4(9)(a) and (b)”;
(s)by deleting “4(8)(c)” in Rule 6(3) and substituting “4(9)(c)”;
(t)by deleting the words “under section 12(1) or (7) or 15(1) or (6), where the name of any person to whom a protection order, an expedited protection order or a section 15(2) order” in Rule 7 and substituting the words “for a protection order, a false statement order or an interim false statement order, where the name of any person to whom the protection order, false statement order or interim false statement order”;
(u)by deleting paragraphs (1) and (2) of Rule 8 and substituting the following paragraphs:
“(1)  Without affecting anything in these Rules permitting the service of a document in any other manner, any document filed in an originating summons by which any proceedings under the Act in respect of a protection order, a false statement order or an interim false statement order is begun may be served in any manner specified in this Rule as the Court may direct.
(2)  Where the proper address of the person to be served is known, the Court must direct that the document be served on that person —
(a)by leaving with that person a copy of that document;
(b)by posting a copy of that document on the front door of the proper address of that person; or
(c)by sending a copy of that document by registered post to the proper address of that person.”;
(v)by deleting the words “an application under section 12(1) or 15(1) is” in Rule 8(5)(a) and substituting the words “any proceedings under the Act in respect of a protection order, a false statement order or an interim false statement order are”;
(w)by deleting paragraph (6) of Rule 8 and substituting the following paragraph:
“(6)  Despite Order 45, Rule 7, a protection order, a false statement order or an interim false statement order, and any order made pursuant to an application under section 12(7) or 15(5) or 16(6) of the Act and any order or direction referred to in Rule 2(8), may be enforced under Order 45, Rule 5, if a copy of the order or direction is served in such manner prescribed under this Rule as the Court may direct.”;
(x)by deleting the words “an application under section 12(1) or (7) or 15(1) or (6)” in Rule 9 and substituting the words “any proceedings under the Act in respect of a protection order, a false statement order or an interim false statement order”;
(y)by deleting the words “an application under section 12(1) or 15(1) is” in Rule 10 and substituting the words “any proceedings under the Act in respect of a protection order, a false statement order or an interim false statement order are”; and
(z)by deleting the words “for application under section 12(1) or (7) or 15(1) or (6), etc.” in the rule heading of Rule 10 and substituting the words “for protection order, false statement order or interim false statement order”.
Amendment of Appendix A
3.  Appendix A to the Rules of Court is amended by deleting Forms 242, 243, 244, 245, 246, 247 and 248 and substituting the following Forms:
“242.
O. 109,
r. 4(1)
APPLICATION FOR ORDERS UNDER
SECTION 15A/15B/15C/15D/15E/16A/16B/16AA/16BA*
OF PROTECTION FROM HARASSMENT ACT
(CAP. 256A)
 
 
IN THE STATE COURTS
OF THE REPUBLIC OF SINGAPORE
 
O.S. No.     )
of 20    .     )
In the matter of an application under section 15A/15B/15C/15D/15E* of the Protection from Harassment Act (Cap. 256A).
And in the matter of (name of subject of relevant statement(s)).
Applicant.
EX PARTE ORIGINATING SUMMONS
Let all parties concerned attend before the District Judge on (date/time), on the hearing of an application by (name of applicant) for an order under section 15A/15B/15C/15D/15E/16A/16B/16AA/16BA* of the Protection from Harassment Act (Cap. 256A) providing as follows in respect of the relevant statement(s):
Relevant statement(s)
[specify particulars of relevant statement(s)]
1.*+Pursuant to section 15A: The Respondent(s) [and any other persons*] must stop publishing the relevant statement and must not publish any substantially similar statement:
 [specify the Respondent(s) to which the stop publication order is to apply; and the time by which each person must comply with such order]
2.*+Pursuant to section 15B: The Respondent must publish the following correction notice(s):
 [specify the Respondent to which the correction order is to apply; the person(s) or description of persons* to whom the correction must be published; the content, form and manner of the correction notice; and the time by which each correction notice must be published]
3.*+Pursuant to section 15C: The Respondent must disable access by end‑users of its internet intermediary service provided in Singapore to the following material:
 [specify the Respondent to which the disabling order is to apply; the material to which access is to be disabled; and the time by which the Respondent is required to comply with such order]
4.*+Pursuant to section 15D: The Respondent must publish the following targeted correction notice to all end‑users in Singapore of its internet intermediary service who [access/it knows had accessed*] specified material [or identical copies of specified material*]:
 [specify the Respondent to which the targeted correction order is to apply; the material to which the end‑users have access that consists of or contains the relevant statement or identical copies of it; the content, form, and manner of the targeted correction notice; and the time by which the Respondent must comply with such order]
5.*+Pursuant to section 15E: The Respondent must publish in Singapore the following general correction notice:
 [specify the Respondent to which the general correction order is to apply; the content, form and manner of the general correction notice; and the time by which the respondent is required to comply with such order]
6.*+#Pursuant to section 16A: The Respondent(s) [and any other persons*] must stop publishing the relevant statement and must not publish any substantially similar statement:
 [specify the Respondent(s) to which the interim stop publication order is to apply; and the time by which each person must comply with such order]
7.*+#Pursuant to section 16B: The Respondent must publish the following interim notice:
 [specify the Respondent to which the interim notification order is to apply; the person(s) or description of persons* to whom the correction must be published; the content, form and manner of the interim notification order; and the time by which each interim notice must be published]
8.*+#Pursuant to section 16AA: The Respondent must disable access by end‑users of its internet intermediary service provided in Singapore to the following material:
 [specify the Respondent to which the interim disabling order is to apply; the material to which access is to be disabled; and the time by which the Respondent is required to comply with such order]
9.*+#Pursuant to section 16BA: The Respondent must publish the following targeted interim notice to all end‑users in Singapore of its internet intermediary service who [access/it knows had accessed*] specified material [or identical copies of specified material*]:
 [specify the Respondent to which the targeted interim notification order is to apply; the material to which the end‑users have access that consists of or contains the relevant statement or identical copies of it; the content, form, and manner of the targeted interim notification order; and the time by which the Respondent must comply with such order]
10.The Court to give such other direction(s) as the Court thinks fit.
Dated this         day of                      20      .
Registrar.
This summons is taken out by (name of applicant or solicitor for applicant) whose address is                    .
* Delete whichever is inapplicable.
+ Repeat this Part if there is more than one person to whom the order under section 15A/15B/15C/15D/15E/16A/16B/16AA/16BA* of the Protection from Harassment Act (Cap. 256A) is to apply.
# Delete this paragraph unless the application is also for an interim order under section 16A/16B/16AA/16BA* of the Protection from Harassment Act (Cap. 256A).
_______________________
 
242A.
O. 109,
r. 4(2)(b)
APPLICATION FOR INTERIM ORDER UNDER
SECTION 16A/16B/16AA/16BA*
OF PROTECTION FROM HARASSMENT ACT
(CAP. 256A)
 
 
IN THE STATE COURTS
OF THE REPUBLIC OF SINGAPORE
 
O.S. No.     )
of 20    .     )
In the matter of an application under section 15A/15B/15C/15D/15E* of the Protection from Harassment Act (Cap. 256A).
And in the matter of (name of subject of relevant statement(s)).
Applicant.
EX PARTE SUMMONS
Let all parties concerned attend before the District Judge on (date/time), on the hearing of an application by (name of applicant) for an order under section 16A/16B/16AA/16BA* of the Protection from Harassment Act (Cap. 256A) providing as follows in respect of the relevant statement(s):
Relevant statement(s)
[specify particulars of statement(s)]
1.*+Pursuant to section 16A: The Respondent(s) [and any other persons*] must stop publishing the relevant statement and must not publish any substantially similar statement:
 [specify the Respondent(s) to which the interim stop publication order is to apply; and the time by which each person must comply with such order]
2.*+Pursuant to section 16B: The Respondent must publish the following interim notice:
 [specify the Respondent to which the interim notification order is to apply; the person(s) or description of persons* to whom the correction must be published; the content, form and manner of the interim notification order; and the time by which each interim notice must be published]
3.*+Pursuant to section 16AA: The Respondent must disable access by end‑users of its internet intermediary service provided in Singapore to the following material:
 [specify the Respondent to which the interim disabling order is to apply; the material to which access is to be disabled; and the time by which the Respondent is required to comply with such order]
4.*+Pursuant to section 16BA: The Respondent must publish the following targeted interim notice to all end‑users in Singapore of its internet intermediary service who [access/it knows had accessed*] specified material [or identical copies of specified material*]:
 [specify the Respondent to which the targeted interim notification order is to apply; the material to which the end‑users have access that consists of or contains the relevant statement or identical copies of it; the content, form, and manner of the targeted interim notification order; and the time by which the Respondent must comply with such order]
5.The Court to give such other direction(s) as the Court thinks fit.
Dated this         day of                      20      .
Registrar.
This summons is taken out by (name of applicant or solicitor for applicant) whose address is                    .
* Delete whichever is inapplicable.
+ Repeat this Part if there is more than one person to whom the order under section 16A/16B/16AA/16BA* of the Protection from Harassment Act (Cap. 256A) is to apply.
_______________________
 
243.
O. 109,
r. 4(1)
O. 109,
r. 4(2)(b)
AFFIDAVIT IN SUPPORT OF APPLICATION UNDER
SECTION 15A/15B/15C/15D/15E/16A/16B/16AA/16BA*
OF PROTECTION FROM HARASSMENT ACT
(CAP. 256A)
 
 
IN THE STATE COURTS
OF THE REPUBLIC OF SINGAPORE
 
O.S./Summons No.     )
of 20    .     )
In the matter of an application under section 15A/15B/15C/15D/15E* of the Protection from Harassment Act (Cap. 256A).
And in the matter of (name of subject of relevant statement(s)).
Applicant.
AFFIDAVIT
I, (name of applicant), the applicant, do make oath (or affirm) and say that the statements contained in the document exhibited and marked “A” are true.
Sworn (or affirmed) as in Form 78.
EXHIBIT “A”
INFORMATION IN SUPPORT OF APPLICATION
Part A — Applicant’s Particulars
1.My particulars are as follows:
(a)Name:
(b)NRIC No. (for Singapore citizen) or No., type and country of issue of foreign identification document (for foreign citizen):
(c)Address for service:
2.I am deposing this affidavit in my own capacity/in my capacity as*:
Part B — Interim Order#
3.I am applying for the following interim order(s):
(a)*In an application for a stop publication order under section 15A, an interim stop publication order under section 16A of the Protection from Harassment Act (Cap. 256A);
(b)*In an application for a stop publication order under section 15A, an interim notification order under section 16B of the Protection from Harassment Act (Cap. 256A);
(c)*In an application for a correction order under section 15B, an interim notification order under section 16B of the Protection from Harassment Act (Cap. 256A);
(d)*In an application for a disabling order under section 15C, an interim disabling order under section 16AA of the Protection from Harassment Act (Cap. 256A);
(e)*In an application for a targeted correction order under section 15D, a targeted interim notification order under section 16BA of the Protection from Harassment Act (Cap. 256A).
Part C — Background Information+^
4.I am applying for an order/have applied for an order* under section 15A/15B/15C/15D/15E* of the Protection from Harassment Act (Cap. 256A) against the following person.
5.To the best of my knowledge, information and belief, the person’s particulars are as follows:
(a)Name or, if the name is unknown, Unique Identifier (e.g. Internet location address, website, username or account or email address):
(b)NRIC No. (for Singapore citizen) or No., type and country of issue of foreign identification document (for foreign citizen):
(c)Address for service:
(d)Other electronic means of contacting the person:
(e)Relationship to me:
6.To the best of my knowledge, information and belief, the person has the following presence on the Internet:
(a)Internet website address(es):
(b)Blog (or weblog) address(es):
(c)Account(s) on social media or social networking website(s):
(d)Page(s) on social media or social networking website(s):
7.I believe that the person is/is not* in Singapore. The grounds for my belief are as follows:
8.The particulars of the relevant statement are as follows:
9.The relevant statement is about the following subject:
10.The originator of the relevant statement (the author) is the following person:
11.I will be able /unable* to serve the originator of the relevant statement (the author) because:
12.The relevant statement is a statement of fact about the subject which is false in the following particular(s) about the subject:
13.The particulars of each publication by the person of the relevant statement (including the Internet location address of each publication on the Internet, if any) are as follows:
14.I attach the following evidence in support of my statements at paragraphs 6 to 11:
(a)Document(s):
(b)Photograph(s):
(c)Other evidence (including electronic documents or records):
15.Where the author of the relevant statement is not the person, I have/have not* approached the author to remove or correct the relevant statement.*
(a)The author’s response to my approach was as follows:*
(b)I did not approach the author for the following reasons:*
16.I have/have not* approached the person to remove or correct the relevant statement.
(a)The person’s response to my approach was as follows:*
(b)I did not approach the person for the following reasons:*
17.I believe that the publication of the relevant statement(s) has/have caused or is likely to cause me harm.#
18.I attach the following evidence in support of my statement at paragraph 17#:
19.I ask the Court that:
 *+Pursuant to section 15A: The Respondent(s) [and any other persons*] must stop publishing the relevant statement and must not publish any substantially similar statement:
 [specify the Respondent(s) to which the stop publication order is to apply; and the time by which each person must comply with such order]
 *+Pursuant to section 15B: The Respondent must publish the following correction notice(s):
 [specify the Respondent to which the correction order is to apply; the person(s) or description of persons* to whom the correction must be published; the content, form and manner of the correction notice; and the time by which each correction notice must be published]
 *+Pursuant to section 15C: The Respondent must disable access by end‑users of its internet intermediary service provided in Singapore to the following material:
 [specify the Respondent to which the disabling order is to apply; the material to which access is to be disabled; and the time by which the Respondent is required to comply with such order]
 *+Pursuant to section 15D: The Respondent must publish the following targeted correction notice to all end‑users in Singapore of its internet intermediary service who [access/it knows had accessed*] specified material [or identical copies of specified material*]:
 [specify the Respondent to which the targeted correction order is to apply; the material to which the end‑users have access that consists of or contains the relevant statement or identical copies of it; the content, form, and manner of the targeted correction notice; and the time by which the Respondent must comply with such order]
 *+Pursuant to section 15E: The Respondent must publish in Singapore the following general correction notice:
 [specify the Respondent to which the general correction order is to apply; the content, form and manner of the general correction notice; and the time by which the respondent is required to comply with such order]
20.I ask the Court that#:
 *+#Pursuant to section 16A: The Respondent(s) [and any other persons*] must stop publishing the relevant statement and must not publish any substantially similar statement:
 [specify the Respondent(s) to which the interim stop publication order is to apply; and the time by which each person must comply with such order]
 *+#Pursuant to section 16B: The Respondent must publish the following interim notice:
 [specify the Respondent to which the interim notification order is to apply; the person(s) or description of persons* to whom the correction must be published; the content, form and manner of the interim notification order; and the time by which each interim notification must be published]
 *+#Pursuant to section 16AA: The Respondent must disable access by end‑users of its internet intermediary service provided in Singapore to the following material:
 [specify the Respondent to which the interim disabling order is to apply; the material to which access is to be disabled; and the time by which the Respondent is required to comply with such order]
 *+#Pursuant to section 16BA: The Respondent must publish the following targeted interim notice to all end‑users in Singapore of its internet intermediary service who [access/it knows had accessed*] specified material [or identical copies of specified material*]:
 [specify the Respondent to which the targeted interim notification order is to apply; the material to which the end‑users have access that consists of or contains the relevant statement or identical copies of it; the content, form, and manner of the targeted interim notification order; and the time by which the Respondent must comply with such order]
Part D — Confirmation of Contents
21.I confirm that to the best of my knowledge, information and belief, the information contained in this document is true.
[Signature of Applicant]
Name of Applicant:
Date:
* Delete whichever is inapplicable.
+ Repeat this Part if there is more than one person to whom the order under section 15A/15B/15C/15D/15E/16A/16B/16AA/16BA* or of the Protection from Harassment Act (Cap. 256A) is to apply.
# Delete this paragraph unless the application is for an interim order under section 16A/16B/16AA/16BA* of the Protection from Harassment Act (Cap. 256A).
^ If you have already applied for an order under section 15A/15B/15C/15D/15E of the Protection from Harassment Act (Cap. 256A), you need not complete paragraphs 4‑18.
_______________________
244.
O. 109,
r. 4(6)
AFFIDAVIT IN REPLY TO APPLICATION UNDER
SECTION 15A/15B/15C/15D/15E/16A/16B/16AA/16BA*
OF PROTECTION FROM HARASSMENT ACT
(CAP. 256A)
 
 
IN THE STATE COURTS
OF THE REPUBLIC OF SINGAPORE
 
O.S. No.     )
of 20    .     )
In the matter of an application under section 15A/15B/15C/15D/15E* of the Protection from Harassment Act (Cap 256A).
And in the matter of (name of subject of relevant statement(s)).
Applicant.
AFFIDAVIT
I, (name), do make oath (or affirm) and say that the statements contained in the document exhibited and marked “A” are true.
Sworn (or affirmed) as in Form 78.
EXHIBIT “A”
RESPONSE
Part A — Particulars of Person Responding
1.My particulars are as follows:
(a)Name:
(b)NRIC No. (for Singapore citizen) or No., type and country of issue of foreign identification document (for foreign citizen):
(c)Address for service:
2.I am deposing this affidavit in my own capacity/in my capacity as*:
Part B — Background Information+
3.I am opposing the application for an order under section 15A/15B/15C/15D/15E/16A/16B/16AA/16BA* of the Protection from Harassment Act (Cap. 256A) against me.
4.An order under section 15A/15B/15C/15D/15E/16A/16B/16AA/16BA* of the Protection from Harassment Act (Cap. 256A) should not be made against me for the following reasons:
5.The relevant statement is true in the following particular(s) about the subject:
6.I admit that the relevant statement is false in the following particular(s) about the subject:
7.The publication of the relevant statement has not caused the Applicant harm or is unlikely to cause the Applicant harm because+:
8.The Applicant has/has not* approached me to remove or correct the relevant statement.
9.The Applicant made the following request to me as regards the relevant statement:+
10.My response to the Applicant was as follows:+
11.The reason(s) for my response to the Applicant are as follows:+
12.I attach the following evidence in support of my statements above:
(a)Document(s):
(b)Photograph(s):
(c)Other evidence (including electronic documents or records):
Part C — Confirmation of Contents
13.I confirm that to the best of my knowledge, information and belief, the information contained in this document is true.
[Signature of Person Responding]
Name of Person Responding:
Date:
* Delete whichever is inapplicable.
+ Delete if not applicable.
_______________________
 
245.
O. 109,
r. 4(10)(a)
ORDER UNDER SECTION 15A/15B/15C/15D/15E*
OF PROTECTION FROM HARASSMENT ACT
(CAP. 256A)
 
 
IN THE STATE COURTS
OF THE REPUBLIC OF SINGAPORE
 
O.S. No.     )
of 20    .     )
In the matter of an application under section 15A/15B/15C/15D/15E* of the Protection from Harassment Act (Cap. 256A).
And in the matter of (name of subject of relevant statement(s)).
Applicant.
Before the Honourable District Judge
In Chambers
ORDER OF COURT
Upon the application of (name of applicant), and upon reading the affidavit of (name of applicant) [and the affidavit of (name of person responding)]+, and upon hearing                   , and upon the applicant undertaking to abide by any order the Court may make as to damages in case the Court should later be of the opinion that any person has sustained by reason of this order which the applicant ought to pay:
It is ordered that:
1.The following statement(s) of fact about (name of subject of relevant statement(s)) is/are* declared to be false:
 [specify particulars of statement(s)]
2.*+Pursuant to section 15A: The Respondent(s) [and any other persons*] must stop publishing the relevant statement and must not publish any substantially similar statement:
 [specify the Respondent(s) to which the stop publication order is to apply; and the time by which each person must comply with such order]
 *+Pursuant to section 15B: The Respondent must publish the following correction notice(s):
 [specify the Respondent to which the correction order is to apply; the person(s) or description of persons* to whom the correction must be published; the content, form and manner of the correction notice; and the time by which each correction notice must be published]
 *+Pursuant to section 15C: The Respondent must disable access by end‑users of its internet intermediary service provided in Singapore to the following material:
 [specify the Respondent to which the disabling order is to apply; the material to which access is to be disabled; and the time by which the Respondent is required to comply with such order]
 *+Pursuant to section 15D: The Respondent must publish the following targeted correction notice to all end‑users in Singapore of its internet intermediary service who [access/it knows had accessed*] specified material [or identical copies of specified material*]:
 [specify the Respondent to which the targeted correction order is to apply; the material to which the end‑users have access that consists of or contains the relevant statement or identical copies of it; the content, form, and manner of the targeted correction notice; and the time by which the Respondent must comply with such order]
 *+Pursuant to section 15E: The Respondent must publish in Singapore the following general correction notice:
 [specify the Respondent to which the general correction order is to apply; the content, form and manner of the general correction notice; and the time by which the respondent is required to comply with such order]
3.The Court to give such other direction(s) as the Court thinks fit.
(a)This order does not apply to the following person(s):
(b)[Specify any other exception(s) to this order].
4.This order is subject to the following condition(s):
 [Specify any other condition(s) to which this order is subject].
5.[Specify any other direction(s) given by the Court].+
Dated this         day of                      20      .
Registrar.
 
Important Message:
1.You must read the terms of this order very carefully.
2.If you disobey this order, you/you (a director or an officer of [specify name of body corporate])* will be liable to process of execution for the purpose of compelling you/[specify name of body corporate]* to obey this order. In addition, you may be guilty of contempt of court.
3.You have a right to ask the Court to vary, suspend or cancel this order.
4.The Court may, on the application of the subject, the author of the relevant statement or any individual or entity to whom this order applies, vary, suspend or cancel this order.
5.Except as provided under paragraph 6 of this message, this order applies to you with effect from the date when this order was served on you/(date when service of this order is dispensed with by the Court)/(later date specified by the Court)*.
6.If you are an individual or entity identified in a notification in Form 246 as a person to whom this order applies, this order applies to you with effect from the date when this order was served on you, together with a notification of the particulars of the relevant statement and of any such publication of the relevant statement.
7.This order ceases to have effect during any period when the order is suspended by the Court, when the order expires, or when the order is cancelled by the Court.
8.In this order and this message, “publish”, in relation to a communication or statement, means to make the communication or statement available in any form such that the communication or statement is or can be heard, seen or otherwise perceived by the public in Singapore or a member of the public in Singapore, and includes cause to be published.
* Delete whichever is inapplicable.
+ Delete if not applicable.
_______________________
 
245A.
O. 109,
r. 4(11)(a)
ORDER UNDER SECTION 16A/16B/16AA/16BA*
OF PROTECTION FROM HARASSMENT ACT
(CAP. 256A)
 
 
IN THE STATE COURTS
OF THE REPUBLIC OF SINGAPORE
 
O.S. No.     )
of 20    .     )
In the matter of an application under section 15A/15B/15C/15D/15E* of the Protection from Harassment Act (Cap. 256A).
And in the matter of (name of subject of relevant statement(s)).
Applicant.
Before the Honourable District Judge
In Chambers
ORDER OF COURT
Upon the application of (name of applicant), and upon reading the affidavit of (name of applicant) [and the affidavit of (name of person responding)]+, and upon hearing                   , and upon the applicant undertaking to abide by any order the Court may make as to damages in case the Court should later be of the opinion that any person has sustained by reason of this order which the applicant ought to pay:
The Court being satisfied that there is prima facie evidence that the following relevant statement(s) about the subject is/are* false, it is ordered that:
Relevant Statement(s)
[specify particulars of statement(s)]
1.*+Pursuant to section 16A: The Respondent(s) [and any other persons*] must stop publishing the relevant statement and must not publish any substantially similar statement:
 [specify the Respondent(s) to which the interim stop publication order is to apply; and the time by which each person must comply with such order]
 *+Pursuant to section 16B: The Respondent must publish the following interim notice:
 [specify the Respondent to which the interim notification order is to apply; the person(s) or description of persons* to whom the correction must be published; the content, form and manner of the interim notification order; and the time by which each interim notice must be published]
 *+Pursuant to section 16AA: The Respondent must disable access by end‑users of its internet intermediary service provided in Singapore to the following material:
 [specify the Respondent to which the interim disabling order is to apply; the material to which access is to be disabled; and the time by which the Respondent is required to comply with such order]
 *+Pursuant to section 16BA: The Respondent must publish the following targeted interim notice to all end‑users in Singapore of its internet intermediary service who [access/it knows had accessed*] specified material [or identical copies of specified material*]:
 [specify the Respondent to which the targeted interim notification order is to apply; the material to which the end‑users have access that consists of or contains the relevant statement or identical copies of it; the content, form, and manner of the targeted interim notification order; and the time by which the Respondent must comply with such order]
2.The Court to give such other direction(s) as the Court thinks fit.
(a)This order does not apply to the following person(s):
(b)[Specify any other exception(s) to this order].
3.This order is subject to the following condition(s):
(a)If this order is subsequently varied, suspended or cancelled, and the Court finds that this order has caused loss to any person, the Court may order the applicant to compensate that person for that loss.
(b)[Specify any other condition(s) to which this order is subject].
4.[Specify any other direction(s) given by the Court].+
Dated this         day of                      20      .
Registrar.
 
Important Message:
1.You must read the terms of this order very carefully.
2.If you disobey this order, you/you (a director or an officer of [specify name of body corporate])* will be liable to process of execution for the purpose of compelling you/[specify name of body corporate]* to obey this order. In addition, you may be guilty of contempt of court.
3.You have a right to ask the Court to vary, suspend or cancel this order.
4.The Court may, on the application of the subject, the author of the relevant statement or any individual or entity to whom this order applies, vary, suspend or cancel this order.
5.Except as provided under paragraph 6 of this message, this order applies to you with effect from the date when this order was served on you/(date when service of this order is dispensed with by the Court)/(later date specified by the Court)*.
6.If you are an individual or entity identified in a notification in Form 246 as a person to whom this order applies, this order applies to you with effect from the date when this order was served on you, together with a notification of the particulars of the relevant statement and of any such publication of the relevant statement.
7.This order ceases to have effect during any period when the order is suspended by the Court, when the order expires, or when the order is cancelled by the Court.
8.In this order and this message, “publish”, in relation to a communication or statement, means to make the communication or statement available in any form such that the communication or statement is or can be heard, seen or otherwise perceived by the public in Singapore or a member of the public in Singapore, and includes cause to be published.
* Delete whichever is inapplicable.
+ Delete if not applicable.
_______________________
 
246.
O. 109,
r. 4(12), (13), (14), (15)(c), (16) and (17)
NOTIFICATION OF PARTICULARS OF RELEVANT
STATEMENT AND OF PUBLICATION OF THAT
STATEMENT TO PERSON IDENTIFIED AFTER ORDER MADE
(CAP. 256A)
 
 
IN THE STATE COURTS
OF THE REPUBLIC OF SINGAPORE
 
O.S. No.     )
of 20    .     )
In the matter of an application under section 15A of the Protection from Harassment Act (Cap. 256A).
And in the matter of (name of subject of relevant statement).
Applicant.
NOTIFICATION OF PARTICULARS
OF RELEVANT STATEMENT AND
OF PUBLICATION OF THAT STATEMENT
Part A — Brief Particulars
1.Particulars of relevant statement:
2.Particulars of publication of relevant statement:
Part B — Details+
3.To the best of my knowledge, information and belief, the particulars of the person against whom an order under section 15A/16A* of the Protection from Harassment Act (Cap. 256A) applies to are as follows:
(a)Name or, if the name is unknown, Unique Identifier (e.g. Internet location address, website, username or account or email address):
(b)NRIC No. (for Singapore citizen) or No., type and country of issue of foreign identification document (for foreign citizen):
(c)Address for service:
(d)Other electronic means of contacting the person:
(e)Relationship to me:
4.To the best of my knowledge, information and belief, the person has the following presence on the Internet:
(a)Internet website address(es):
(b)Blog (or weblog) address(es):
(c)Account(s) on social media or social networking website(s):
(d)Page(s) on social media or social networking website(s):
5.The particulars of each publication by the person of the relevant statement (including the Internet location address of each publication on the Internet, if any) are as follows:
6.I attach the following evidence in support of my statements at paragraph 5:
(a)Document(s):
(b)Photograph(s):
(c)Other evidence (including electronic documents or records):
7.I have/have not* approached the person to remove the relevant statement:
(a)The person’s response to my approach was as follows:*
(b)I did not approach the person for the following reasons:*
Part C — Confirmation of Contents
8.I confirm that to the best of my knowledge, information and belief, the information contained in this document is true.
 
[Signature of Applicant]
Name of Applicant:
Date:
* Delete whichever is inapplicable.
+ Repeat this Part if there is more than one person to whom the order under section 15A/16A of the Protection from Harassment Act (Cap. 256A) is to apply.
_______________________
 
247.
O. 109,
r. 5(1)(a)
APPLICATION UNDER SECTION 15(5)/16(6)*
OF PROTECTION FROM HARASSMENT ACT
(CAP. 256A)
 
 
IN THE STATE COURTS
OF THE REPUBLIC OF SINGAPORE
 
O.S. No.     )
of 20    .     )
In the matter of an application under section 15A/15B/15C/15D/15E* of the Protection from Harassment Act (Cap. 256A).
And in the matter of (name of subject of relevant statement).
Applicant.
SUMMONS
Let all parties concerned attend before the District Judge on (date/time), on the hearing of an application by (name of person making application) for an order that:
1.The order under section 15A/15B/15C/15D/15E/16A/16B/16AA/16BA* of the Protection from Harassment Act (Cap. 256A) made on (date) be varied as follows:*
 [specify how the order is to be varied]
2.The order under section 15A/15B/15C/15D/15E/16A/16B/16AA/16BA* of the Protection from Harassment Act (Cap. 256A) made on (date) be suspended for a period of                      beginning on (date)/cancelled*.
3.The Court give such other direction(s) as the Court thinks fit.*
Dated this         day of                      20      .
Registrar.
This summons is taken out by (name of person making application or solicitor for that person) whose address is                    .
* Delete whichever is inapplicable.
_______________________
 
248.
O. 109,
r. 5(1)(b)
AFFIDAVIT IN SUPPORT OF APPLICATION
UNDER SECTION 15(5)/16(6)* OF
PROTECTION FROM HARASSMENT ACT
(CAP. 256A)
 
 
IN THE STATE COURTS
OF THE REPUBLIC OF SINGAPORE
 
O.S. No.     )
of 20    .     )
In the matter of an application under section 15A/15B/15C/15D/15E* of the Protection from Harassment Act (Cap. 256A).
And in the matter of (name of subject of relevant statement).
Applicant.
AFFIDAVIT
I, (name of person making application), do make oath (or affirm) and say that the statements contained in the document exhibited and marked “A” are true.
Sworn (or affirmed) as in Form 78.
EXHIBIT “A”
INFORMATION IN SUPPORT OF APPLICATION
Part A — Particulars of person making application
1.My particulars are as follows:
(a)Name:
(b)NRIC No. (for Singapore citizen) or No., type and country of issue of foreign identification document (for foreign citizen):
(c)Address for service:
2.I am deposing this affidavit in my own capacity/in my capacity as*:
Part B — Information in support of application
3.I am applying for an order that the order under section 15A/15B/15C/15D/15E/16A/16B/16AA/16BA* of the Protection from Harassment Act (Cap. 256A) made on (date) be varied as follows:*
4.I am applying for an order that the order under section 15A/15B/15C/15D/15E/16A/16B/16AA/16BA* of the Protection from Harassment Act (Cap. 256A) made on (date) be suspended for a period of                        beginning on (date)/cancelled*.
5.The reasons for my application are as follows:
Part C — Confirmation of Contents
6.I confirm that to the best of my knowledge, information and belief, the information contained in this document is true.
 
[Signature of person making application]
Name of person making application:
Date:
* Delete whichever is inapplicable.
_______________________
 
”.
[G.N. Nos. S 299/2014; S 390/2014; S 671/2014; S 714/2014; S 753/2014; S 850/2014; S 175/2015; S 278/2015; S 756/2015; S 235/2016; S 474/2016; S 105/2017; S 322/2017; S 543/2017; S 51/2018; S 183/2018; S 697/2018; S 850/2018; S 707/2019; S 773/2019; S 35/2020]
Made on 23 March 2020.
SUNDARESH MENON
Chief Justice.
LUCIEN WONG
Attorney-General.
TAY YONG KWANG
Judge of Appeal.
STEVEN CHONG
Judge of Appeal.
BELINDA ANG SAW EAN
Judge.
QUENTIN LOH
Judge.
VINODH COOMARASWAMY
Judge.
SEE KEE OON
Presiding Judge of the State Courts.
JAMES LEONG
District Judge.
FRANCIS XAVIER, SC
Advocate and Solicitor.
KUAH BOON THENG, SC
Advocate and Solicitor.
[SUPCT.RNJ.009.0203; AG/LEGIS/SL/322/2015/1 Vol. 15]
(To be presented to Parliament under section 80(6) of the Supreme Court of Judicature Act).
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