[15 November 2014]
ARRANGEMENT OF SECTIONS 2020 Ed. Section 1. Short title 2. Interpretation PART 1 PRELIMINARY PART 2 OFFENCES 3. Intentionally causing harassment, alarm or distress 4. Harassment, alarm or distress 5. Fear, provocation or facilitation of violence 6. Offences in relation to public servant or public service worker 7. Unlawful stalking 8. Enhanced penalty for subsequent offence 8A. Enhanced penalty for offence against vulnerable person 8B. Enhanced penalty for offence against victim in intimate relationship with offender 8C. Application of sections 8A and 8B 9. Community order 10. Contravention of certain orders PART 3 CIVIL ACTIONS AND ORDERS Division 1 — Actions and orders relating to contraventions of Part 2 11. Action for statutory tort 12. Protection order 13. Expedited protection order Section 13A. Referral for investigation by police when expedited protection order made 13B. Mandatory treatment order where protection order made 14. No civil action for common law tort of harassment Division 2 — Orders relating to false statements 15. General provisions applicable to orders under sections 15A to 15E 15A. Stop publication order 15B. Correction order 15C. Disabling order 15D. Targeted correction order 15E. General correction order 16. General provisions applicable to interim orders 16A. Interim stop publication order 16AA. Interim disabling order 16B. Interim notification order 16BA. Targeted interim notification order 16BB. Publication of notices Division 3 — General 16C. Person who may appeal 16CA. Costs 16CB. Service of orders 16D. Compliance with orders PART 3A PROTECTION FROM HARASSMENT COURT 16E. Protection from Harassment Court 16F. Jurisdiction, powers and duties of Registrar 16G. Jurisdiction of Protection from Harassment Court 16H. Application of other written laws to Protection from Harassment Court 16I. Commencement of Part 3 proceedings 16J. Transfer of Part 3 proceedings PART 4 GENERAL Section 17. Application to person outside Singapore 18. Power of arrest 18A. Amendment of Schedule 19. Rules of Court 19A. Family Justice Rules 20. Regulations 20A. Presentation to Parliament 21. Exemptions The Schedule — Specified offences An Act to protect persons against harassment and unlawful stalking and false statements of fact, and to provide for the establishment of the Protection from Harassment Court. [17/2019]
of the statement; “communication” means any words, image (moving or otherwise), message, expression, symbol or other representation that can be seen, heard or otherwise perceived by any person, or any combination of these; “computing resource service” means a service that provides processing capability or storage capacity through the use of any computer hardware or software; “correction order” means an order made under section 15B; “court” means a court of competent jurisdiction; [Act 31 of 2022 wef 01/11/2022] “disabling order” means an order made under section 15C; “electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities; “entity” means any company or association or body of persons (whether corporate or unincorporate), but excludes any public agency; “general correction order” means an order made under section 15E; “identity information” means any information that, whether on its own or with other information, identifies or purports to identify an individual, including (but not limited to) any of the following: (a) the individual’s name, residential address, email address, telephone number, date of birth, national registration identity card number, passport number, signature (whether handwritten or electronic) or password; (b) any photograph or video recording of the individual; (c) any information about the individual’s family, employment or education; “interim disabling order” means an order made under section 16AA; “interim notification order” means an order made under section 16B; “interim stop publication order” means an order made under section 16A; “internet intermediary” means a person who provides any internet intermediary service; “internet intermediary service” means — (a) a service that allows end‑users to access materials originating from third parties, using the internet; (b) a service of transmitting materials to end‑users on or through the internet; or (c) a service of displaying, to an end-user who uses the service to make an online search, an index of search results, each of which links that end‑user to content hosted or stored at a location which is separate from the location of the index of search results, but excludes any act done for the purpose of or that is incidental to the provision of — (d) a service of giving the public access to the internet; or (e) a computing resource service; Examples Examples of internet intermediary services are — (a) social networking services; (b) search engine services; (c) content aggregation services; (d) internet‑based messaging services; and (e) video‑sharing services. “material” means anything that consists of or contains a statement; Examples Examples of a material are a message, a post, an article, a speech, a picture, a video recording and a sound recording. “offending communication”, in relation to any contravention of a provision under this Act, means any communication or statement made in contravention of that provision; “online location” means any internet website, webpage, chatroom or forum, or any other thing that is hosted on a computer (within the meaning of the Computer Misuse Act 1993) and can be seen, heard or otherwise perceived by means of the internet; “Part 3 proceedings” means civil proceedings for claims and orders under Part 3; “Protection from Harassment Court” means a District Court designated under section 16E(1)(a) as a Protection from Harassment Court; “Protection from Harassment Court Judge” means a District Judge designated under section 16E(1)(b) as a Protection from Harassment Court Judge; “public agency” has the meaning given by section 128A(6) of the Evidence Act 1893; “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; “Registrar” means the registrar of the State Courts, and includes a deputy registrar of the State Courts; “related person”, in relation to a person, means another person about whose safety or wellbeing the firstmentioned person would reasonably be expected to be seriously concerned; “relevant party”, in relation to an order, means an individual or entity against which the order is made; “shared residence”, in relation to the victim and the respondent who are the subjects of a protection order, means the premises at which the victim and the respondent are, or have been, living together as members of the same household; “statement” means any words (including abbreviations and initials), numbers, image (moving or otherwise), sounds, symbols or other representation, or a combination of any of these; “stop publication order” means an order made under section 15A; “stop publishing”, in relation to a communication, means taking the reasonable steps to ensure that the communication is not made available in any form such that the communication is or can be seen, heard or otherwise perceived by the public in Singapore or any member of the public in Singapore; “targeted correction order” means an order made under section 15D; “targeted interim notification order” means an order made under section 16BA. [17/2019]
In this Act — (a) a statement of fact is a statement which a reasonable person seeing, hearing or otherwise perceiving it would consider to be a representation of fact; and (b) a statement is false if it is false or misleading whether wholly or in part, and whether on its own or in the context in which it appears. [17/2019]
(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]
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]
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. [17/2019]
(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]
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]
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. Illustrations (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. [17/2019]
(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]
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]
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. [17/2019]
(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]
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]
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]
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]
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).
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.
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]
[17/2019]
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]
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. (c) Y repeatedly circulates revealing photographs of a classmate (X) to other classmates. [17/2019]
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]
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.
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]
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]
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]
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.
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]
(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]
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] (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]
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]
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; “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] 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]
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]
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]
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]
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] (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]
[17/2019]
(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]
Subject to subsection (3), subsection (1) does not affect the powers of the court in relation to the punishment for contempt of court.
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.
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.
CIVIL ACTIONS AND ORDERS
[17/2019]
the respondent). [17/2019]
In such proceedings, if the court is satisfied on the balance of probabilities that the respondent has contravened that section as alleged by the victim, the court may award such damages in respect of the contravention as the court may, having regard to all the circumstances of the case, think just and equitable.
[17/2019]
A court may, if it is just and equitable in the circumstances to do so, make a protection order against any individual or entity alleged to have contravened section 3, 4, 5, 6 or 7 in respect of the victim (called in this section the respondent) if it is satisfied on the balance of probabilities that — (a) the respondent has contravened section 3, 4, 5, 6 or 7 in respect of the victim; and (b) the respondent is likely to continue that contravention or to commit another contravention of section 3, 4, 5, 6 or 7 in respect of the victim. [17/2019] (2A) For the purposes of subsection (2)(a), a court is deemed to be satisfied on the balance of probabilities that the respondent has contravened section 3, 4, 5, 6 or 7 in respect of the victim if — (a) the respondent has been convicted of that offence, or any offence specified in the Schedule, in respect of the victim; or (b) the court is satisfied on the balance of probabilities that the respondent has voluntarily caused hurt (within the meaning given by section 321 of the Penal Code 1871) to the victim. [17/2019] (2B) A protection order under subsection (2) may provide for all or any of the following: (a) prohibit the respondent from doing any thing in relation to the victim or any related person of the victim, as may be specified in the order; (b) if the likely contravention or likely continuing contravention of section 3, 4, 5, 6 or 7 mentioned in subsection (2)(b) involves an offending communication, require the respondent to stop publishing (before a specified time) the offending communication or to not publish any communication that is substantially similar to the offending communication; (c) refer the respondent, the victim or a related person of the victim (or 2 or more of them) to attend counselling or mediation provided by such body as the court may direct. [17/2019] (2C) To avoid doubt, a protection order may, under subsection (2B)(a), grant the right of exclusive occupation to the victim of the shared residence or a specified part of the shared residence by excluding the respondent from that shared residence or a specified part of the shared residence, whether or not the shared residence is solely owned or leased by the respondent or jointly owned or leased by the respondent and the victim. [17/2019] (2D) Except so far as the exercise by the respondent of a right to the shared residence is suspended or restricted, or prohibited or restrained, by virtue of an order made under subsection (2C), the order does not affect any title or interest that the respondent or any other person might have in the residence. [17/2019] (2E) In addition, where a court is satisfied on the balance of probabilities that — (a) the respondent’s contravention involves an offending communication; and (b) any other individual or entity (called in this section a third party) is likely to publish, or continue to publish, the offending communication or any communication that is substantially similar to the offending communication, the court may, if it is just and equitable in the circumstances to do so, make a protection order requiring any third party to stop publishing, by a specified time, or to not publish the offending communication or any communication that is substantially similar to the offending communication. [17/2019] (2F) Where a court is satisfied on the balance of probabilities that — (a) the respondent’s contravention involves an offending communication; and (b) the respondent or a third party has published, or is likely to publish or continue to publish, the offending communication by means of an internet intermediary service provided by an internet intermediary, the court may also, if it is just and equitable in the circumstances to do so, make a protection order requiring the internet intermediary to disable access by end‑users of the service in Singapore, within a specified time, to — (c) the offending communication; or (d) in the case of a prescribed internet intermediary — (i) the offending communication; or (ii) any identical copy of the offending communication. [17/2019]
A protection order under subsection (2), (2E) or (2F) may also include any requirement necessary for or incidental to the proper carrying into effect of the order. [17/2019]
A protection order may be made subject to such exceptions or conditions as may be specified in the order.
An order under this section takes effect in respect of a relevant party — (a) when the order is served on the relevant party in such manner as may be prescribed; (b) where the court dispenses with the service of the order, when the service of the order on the relevant party is dispensed with by the court; or (c) at such later time as the court may specify. [17/2019]
Subject to subsection (7), a protection order ceases to have effect after such period as the court may specify in the order. [17/2019]
The court may, on the application of the victim or a relevant party, vary, suspend or cancel the protection order or extend the duration of the protection order. [17/2019]
[Deleted by Act 17 of 2019]
For the purposes of this section and section 13, the victim of any contravention of section 3 includes only the person to whom the respondent intended to cause harassment, alarm or distress, and not any other person harassed, alarmed or distressed by that contravention.
In this section and section 13, “third party” excludes any individual or entity that is likely to publish, or continue to publish, a communication mentioned in subsection (2E) merely by the provision of — (a) an internet intermediary service; (b) a telecommunication service; (c) a service of giving the public access to the internet; or (d) a computing resource service. Illustration Following from Illustration (b) under section 4, Y’s mother may apply for a protection order prohibiting X from gathering with others outside her home and from threatening Y at any location. [17/2019]
(a) there is prima facie evidence that — (i) the respondent has contravened section 3, 4, 5, 6 or 7 in respect of the victim; (ii) the contravention referred to in sub‑paragraph (i) is likely to continue, or the respondent is likely to commit a contravention of section 3, 4, 5, 6 or 7 in respect of the victim imminently; and (iii) the contravention referred to in sub‑paragraph (ii), if continued or committed, is likely to have a substantial adverse effect on the victim or the victim’s day‑to‑day activities; and (b) it is just and equitable in all the circumstances for the protection order to be made on an expedited basis, the court may, subject to section 21(1), make an expedited protection order providing any thing that may be provided in an order under section 12(2). [17/2019] (1A) For the purposes of subsection (1)(a)(i), the court is deemed to be satisfied that there is prima facie evidence that the respondent has contravened section 3, 4, 5, 6 or 7 in respect of a victim if — (a) the respondent has been convicted of an offence under section 3, 4, 5, 6 or 7, or an offence specified in the Schedule, in respect of the victim; or (b) the court is satisfied that there is prima facie evidence that the respondent has voluntarily caused hurt (within the meaning given by section 321 of the Penal Code 1871) to the victim. [17/2019] (1B) A court may, on an application for a protection order under section 12(2E), make an expedited protection order against a third party providing any thing that may be provided in a protection order under section 12(2E), if the court is satisfied that — (a) there is prima facie evidence that — (i) the respondent’s alleged contravention involves an offending communication; and (ii) the publication of the offending communication or any communication that is substantially similar to the offending communication by any third party mentioned in that subsection is — (A) imminent or likely to continue; and (B) likely to have a substantial adverse effect on the victim or the victim’s day‑to‑day activities; and (b) it is just and equitable in the circumstances to make the protection order on an expedited basis. [17/2019] (1C) A court may, on an application for a protection order under section 12(2F), make an expedited protection order against an internet intermediary providing any thing that may be provided in a protection order under section 12(2F), if the court is satisfied that — (a) there is prima facie evidence that — (i) the respondent’s alleged contravention involves an offending communication; and (ii) the publication of the offending communication by the respondent or the third party mentioned in section 12(2F) is — (A) imminent or is likely to continue; and (B) likely to have a substantial adverse effect on the victim or the victim’s day‑to‑day activities; and (b) it is just and equitable in the circumstances to make the protection order on an expedited basis. [17/2019]
Subsections (1), (1B) and (1C) apply even if the notice of the application has not been served on the relevant party or has not been served on the relevant party within a reasonable time before the hearing of the application. [17/2019] (2A) An expedited protection order takes effect in respect of the relevant party — (a) when the order is served on the relevant party in such manner as may be prescribed; (b) where the court dispenses with the service of the order, when the service of the order on the relevant party is dispensed with by the court; or (c) at such later time as the court may specify. [17/2019]
An expedited protection order ceases to have effect at the earlier of the following times: (a) when the application for a protection order mentioned in subsection (1) is determined or discontinued; (b) when the expedited protection order is suspended or cancelled. [17/2019] (3A) A court may vary, suspend or cancel the expedited protection order or extend the duration of the expedited protection order, on the application of — (a) the victim; (b) the relevant party; or (c) if the order requires an internet intermediary to disable access to a third party’s communication, that third party. [17/2019] (3B) The respondent must not make an application under subsection (3A) (to vary, suspend or cancel an expedited protection order) more than 28 days after the date the expedited protection order takes effect under subsection (2A), unless the court grants the respondent permission to do so. [17/2019] [Act 25 of 2021 wef 01/04/2022]
Section 12(4) applies, with the necessary modifications, to an expedited protection order. [17/2019]
There is no appeal against a decision of the court made under this section. [Act 31 of 2022 wef 01/11/2022] (a) consider if a criminal investigation into whether the respondent has committed an offence under section 3, 4, 5, 6 or 7 is warranted; and (b) if it is satisfied that such a criminal investigation is warranted, refer the matter to a police officer for investigation. [17/2019]
Where a court refers a matter for investigation under subsection (1), the court may stay any Part 3 proceedings (except civil proceedings under section 13) that involve the same victim and the same respondent, until — (a) the end of that investigation; or (b) if criminal proceedings are instituted as a result of that investigation, the end of those criminal proceedings. [17/2019]
This section and any decision of the court under this section does not affect any ability of the court to do the following at any stage of proceedings: (a) consider if a criminal investigation into whether the respondent has committed an offence under section 3, 4, 5, 6 or 7 is warranted; (b) refer any matter to a police officer for investigation. [17/2019]
Without affecting the court’s discretion to consider any other factors, the Minister may, by order in the Gazette, prescribe factors that a court must take into account in considering, under subsection (1)(a) if a criminal investigation is warranted. [17/2019]
There is no appeal against the decision of a court under this section. [17/2019] exceeding 36 months. [17/2019]
A mandatory treatment order may also require the respondent to reside in a psychiatric institution during the whole or a specified part of the period that the respondent is required to undergo psychiatric treatment. [17/2019]
Before making a mandatory treatment order against a respondent, the court must — (a) have reasonable grounds to believe that — (i) the respondent is likely to be suffering from a psychiatric condition; and (ii) that psychiatric condition is likely to be a contributing factor for the respondent’s contravention that formed the basis for making the protection order against the respondent; and (b) call for a formal assessment report in respect of the respondent by an appointed psychiatrist. [17/2019]
In making a determination under subsection (3)(a), the court — (a) may call for a preliminary assessment report by a specified psychiatrist; and (b) must consider any matter prescribed by regulations made under section 20. [17/2019]
There is no appeal against any decision of the court under this section to call for or not to call for a preliminary assessment report. [17/2019]
For the purpose of obtaining a preliminary assessment report from a specified psychiatrist in respect of a respondent, the court may order the respondent to attend before the specified psychiatrist at such times and places as the specified psychiatrist may require. [17/2019]
For the purpose of obtaining a formal assessment report from an appointed psychiatrist in respect of a respondent, the court may order the respondent to — (a) reside in a psychiatric institution for observation for one or more periods (each not exceeding 3 weeks) as the court thinks fit; or (b) attend before the appointed psychiatrist at a psychiatric institution at such times as the appointed psychiatrist may require. [17/2019]
A court must not make a mandatory treatment order in respect of a respondent unless the formal assessment report in respect of the respondent certifies that — (a) the respondent is suffering from a psychiatric condition that is susceptible to treatment; (b) the respondent is suitable for the treatment; and (c) the psychiatric condition is a contributing factor for the respondent’s contravention that formed the basis for making the protection order against the respondent. [17/2019]
A court must not make a mandatory treatment order in respect of a respondent if the formal assessment report in respect of the respondent certifies that the appointed psychiatrist is not satisfied as to any of the matters mentioned in subsection (8)(a), (b) or (c). [17/2019]
In assessing whether a respondent is a person suitable for treatment for the respondent’s psychiatric condition, the appointed psychiatrist may take into account the following factors: (a) whether the respondent is likely to attend the treatment sessions at such time and place as the appointed psychiatrist may require; (b) the physical and mental state of the respondent; (c) the respondent’s financial standing and ability to pay all or any part of the costs of the treatment that it is reasonable for the respondent to pay. [17/2019]
Where a court calls for a formal assessment report in respect of a respondent, the respondent may submit any report by another psychiatrist, engaged by the respondent, to the appointed psychiatrist not later than — (a) the end of a period of 3 weeks after the date the court calls for the formal assessment report; or (b) such later time as the court may allow. [17/2019]
Before making a formal assessment report, the appointed psychiatrist must take into consideration any report submitted by the respondent under subsection (11). [17/2019]
Any report by the appointed psychiatrist is to be taken to be final and conclusive as to the matters mentioned in subsection (8)(a), (b) and (c). [17/2019]
The court must extend to the respondent or the respondent’s advocate a copy of every preliminary assessment report and formal assessment report made in respect of the respondent. [17/2019]
A court may include the requirement in subsection (2) in a mandatory treatment order only on the recommendation of the appointed psychiatrist. [17/2019]
A court may impose such conditions as the court thinks fit when making a mandatory treatment order. [17/2019]
Before making a mandatory treatment order, the court must explain to the respondent in ordinary language — (a) the purpose and effect of the order, and in particular the obligations of the respondent as specified in subsection (21); (b) the consequences which may follow if the respondent fails to comply with any of those obligations, or any conditions of the order; and (c) that the court has the power, under subsection (18), to vary or revoke the order on the application of the appointed psychiatrist. [17/2019]
The court may, on the application of the appointed psychiatrist and whether or not the respondent has failed to comply with subsection (21) — (a) vary a mandatory treatment order (including reducing or extending the period that the respondent has to undergo psychiatric treatment) or the conditions of the order in such manner as the court thinks just and expedient in the circumstances; or (b) after taking into account the extent to which the respondent has complied with the order, revoke the order. [17/2019]
The court may vary or revoke a mandatory treatment order under subsection (18) if such variation or revocation is justified in view of — (a) any change of the circumstances after the order was made; or (b) the progress the respondent has made in the treatment. [17/2019]
Where, under subsection (18)(a), a court extends the period that the respondent has to undergo psychiatric treatment under a mandatory treatment order, the period of psychiatric treatment must not exceed 36 months from the date the order is first in force. [17/2019]
A respondent in respect of whom a mandatory treatment order is in force must — (a) attend the treatment sessions on such day and at such time and place as the appointed psychiatrist may require; (b) comply with all other conditions in connection with the respondent’s treatment as the appointed psychiatrist may require; and (c) comply with all other conditions or requirements of the order. [17/2019]
The Minister charged with the responsibility for health may make regulations in relation to the treatment of a person subject to a mandatory treatment order. [17/2019]
To avoid doubt, failure to comply with subsection (21) or disobedience with or breach of an order under subsection (6) or (7), if intentional, is a contempt of court. [17/2019]
In this section — “appointed psychiatrist” means a psychiatrist appointed by the Director‑General of Health for the purposes of this section; [Act 11 of 2023 wef 01/05/2023] “specified psychiatrist” means a psychiatrist specified by the court calling for a preliminary assessment report under subsection (4)(a). [17/2019]
To avoid doubt, this section does not apply to any criminal proceedings or affect the application of section 339 of the Criminal Procedure Code 2010 in criminal proceedings. [17/2019]
the tort of harassment except under this Act.
Nothing in subsection (1) prevents the commencement of proceedings for any act or conduct which occurred before 15 November 2014.
(a) a stop publication order; (b) a correction order; (c) a disabling order; (d) a targeted correction order; (e) a general correction order. [17/2019]
An order mentioned in subsection (1) takes effect in respect of a relevant party — (a) when the order is served on the relevant party in such manner as may be prescribed; (b) where a court dispenses with the service of the order, when the service of the order on the relevant party is dispensed with by a court; or (c) at such later time as a court may specify. [17/2019]
An order mentioned in subsection (1) may be made in respect of a false statement of fact even if the false statement has been amended or has ceased to be published. [17/2019]
An order mentioned in subsection (1) may — (a) be made against a relevant party whether or not the relevant party is in or outside Singapore, is incorporated or established in or outside Singapore, or has its management or control in or outside Singapore; and (b) require a relevant party to do or refrain from doing an act in or outside Singapore. [17/2019]
A court may vary, suspend or cancel an order mentioned in subsection (1), on the application of — (a) the subject or the author of the false statement; (b) the relevant party; or (c) an individual or entity that published the relevant statement to which the order relates. [17/2019]
An order mentioned in subsection (1) ceases to have effect — (a) during any period when the order is suspended under subsection (5); and (b) when the order expires, or is cancelled under subsection (5). [17/2019] (a) the court is satisfied on the balance of probabilities that — (i) the respondent has published the relevant statement; and (ii) the relevant statement is a false statement of fact; and (b) it is just and equitable in the circumstances to make the stop publication order. [17/2019]
A stop publication order may be made against a respondent even if the respondent does not know or have reason to believe that the relevant statement is false. [17/2019]
A stop publication order may require the respondent or any other individual or entity to stop publishing the relevant statement, and not to publish any substantially similar statement, by a specified time. [17/2019]
In this section — (a) “specified” means specified in the stop publication order; and (b) the respondent or any other individual or entity does not publish a statement merely by doing any act for the purpose of, or that is incidental to, the provision of — (i) an internet intermediary service; (ii) a telecommunication service; (iii) a service of giving the public access to the internet; or (iv) a computing resource service. [17/2019] (a) the court is satisfied on the balance of probabilities that — (i) the respondent has published the relevant statement; and (ii) the relevant statement is a false statement of fact; and (b) it is just and equitable in the circumstances to make the correction order. [17/2019]
A correction order may be made against a respondent even if the respondent does not know or have reason to believe that the relevant statement is false. [17/2019]
A correction order may require the respondent to publish in Singapore a correction notice, within a specified time — (a) to any specified person or description of persons; and (b) in a specified form and manner, which may include publication — (i) at a specified online location or in a specified newspaper or other printed publication of Singapore; or (ii) in specified proximity to every copy of the relevant statement, or of any substantially similar statement, that is published by the respondent. [17/2019]
A correction notice must contain all or any of the following as may be specified in the correction order: (a) a statement, in such terms as may be specified, that the court has determined the relevant statement is false, or that such material as may be specified contains a false statement of fact; (b) a statement, in such terms as may be specified, correcting the false statement of fact, or a reference to a specified location where such a statement may be found. [17/2019]
In this section — (a) “specified” means specified in the correction order; and (b) the respondent does not publish a statement merely by doing any act for the purpose of, or that is incidental to, the provision of — (i) an internet intermediary service; (ii) a telecommunication service; (iii) a service of giving the public access to the internet; or (iv) a computing resource service. [17/2019] (a) the court is satisfied on the balance of probabilities that — (i) any material consisting of or containing the relevant statement has been or is being published by means of an internet intermediary service provided by the respondent; and (ii) the relevant statement is a false statement of fact; and (b) it is just and equitable in the circumstances to make the disabling order. [17/2019]
A disabling order may require the respondent to disable access by end‑users of the internet intermediary service provided by the respondent in Singapore, within a specified time, to — (a) any specified material provided on or through the service that consists of or contains the relevant statement; and (b) where the respondent is a prescribed internet intermediary — the specified material mentioned in paragraph (a) or any identical copies of the specified material. [17/2019]
An end-user who accesses a part of any material is taken to access the material. [17/2019] intermediary (called in this section the respondent) if — (a) the court is satisfied on the balance of probabilities that — (i) any material consisting of or containing the relevant statement has been or is being published by means of an internet intermediary service provided by the respondent; and (ii) the relevant statement is a false statement of fact; and (b) it is just and equitable in the circumstances to make the targeted correction order. [17/2019]
A targeted correction order may require the respondent to publish a targeted correction notice — (a) by means of the internet intermediary service, to all end‑users in Singapore who access any specified material provided on or through the service that consists of or contains the relevant statement from any specified time; and (b) where the respondent is a prescribed internet intermediary — by any means and by a specified time, to all end‑users in Singapore that the respondent knows had accessed the specified material mentioned in paragraph (a) or any identical copies of the specified material by means of the internet intermediary service. [17/2019]
A targeted correction notice must contain all or any of the following as may be specified in the targeted correction order: (a) a statement, in such terms as may be specified, that the court has determined the specified material consists of or contains a false statement of fact; (b) a statement, in such terms as may be specified, correcting the false statement of fact, or a reference to a specified location where the statement may be found. [17/2019]
An end-user who accesses a part of any material is taken to access the material. [17/2019] (a) the court is satisfied on the balance of probabilities that — (i) the relevant statement is a false statement of fact; and (ii) the publication of the relevant statement has caused or is likely to cause serious harm to the reputation of the subject; and (b) it is just and equitable in the circumstances to make the general correction order. [17/2019]
A general correction order may require the respondent to publish in Singapore a general correction notice within a specified time in a specified form and manner — (a) where the respondent is a prescribed holder of a permit under section 21 of the Newspaper and Printing Presses Act 1974 — in a specified newspaper or other printed publication, printed or published by the respondent; (b) where the respondent is a prescribed broadcasting licensee within the meaning of the Broadcasting Act 1994 — by a specified broadcasting service provided by the respondent; (c) where the respondent is a prescribed holder of a licence under section 5 of the Telecommunications Act 1999 — by a specified telecommunication system or service run by the respondent; (d) where the respondent is a prescribed internet intermediary — (i) by a specified internet intermediary service provided by the respondent; or (ii) to all end-users, or a specified class of end-users, in Singapore who use that internet intermediary service at any time after the general correction order is served; and (e) in any other case — by any specified means within the control of the respondent. [17/2019]
A general correction notice must contain all or any of the following as may be specified in the general correction order: (a) a statement, in such terms as may be specified, that the court has determined that the relevant statement is false; (b) a statement, in such terms as may be specified, correcting the false statement of fact, or a reference to a specified location where the statement may be found.
In this section, “specified” means specified in the general correction order. Illustrations (a) X publishes a false statement that Y, a lawyer, had misappropriated client moneys. As a result, Y’s clients terminate their contracts for Y’s services. Y has suffered serious harm to Y’s reputation. (b) X makes a false statement that Y, a married female, had committed adultery with multiple men. The statement is widely published on social media. Y has suffered serious harm to Y’s reputation. [17/2019]
(a) a stop publication order — an interim stop publication order or an interim notification order; (b) a correction order — an interim notification order; (c) a disabling order — an interim disabling order; (d) a targeted correction order — a targeted interim notification order. [17/2019]
Sections 16A and 16B apply despite any of the following: (a) that notice of the application has not been served on the respondent; (b) that notice of the application has not been served, within a reasonable time before the hearing of the application, on the respondent. [17/2019]
An interim order takes effect in respect of the respondent — (a) when the order is served on the respondent in such manner as may be prescribed; (b) where the court dispenses with the service of the order, when the service of the order on the respondent is dispensed with by the court; or (c) at such later time as the court may specify. [17/2019]
An interim order under this section may be made in respect of a relevant statement even if the statement has been amended or has ceased to be published in Singapore. [17/2019]
There is no appeal against a decision of the court in relation to an interim order under this section. [17/2019]
The court may vary, suspend or cancel an interim order under this section, on the application of — (a) the subject or author of the relevant statement; (b) the respondent; or (c) an individual or entity that published the relevant statement. [17/2019]
An interim order made under this section remains in effect until it expires, or is cancelled under subsection (6). [17/2019]
An interim order under this section may be made subject to such exceptions or conditions as may be specified in the order. [17/2019] (a) the court is satisfied that there is prima facie evidence that — (i) the respondent published or continues to publish the relevant statement; (ii) the relevant statement is a false statement of fact; and (iii) the publication of the relevant statement by the respondent has caused or is likely to cause the subject harm; and (b) it is just and equitable in the circumstances to make the stop publication order on an expedited basis. [17/2019]
Section 15A(2), (3) and (4) applies to an interim stop publication order as it applies to a stop publication order. [17/2019] (a) the court is satisfied that there is prima facie evidence that — (i) any material consisting of or containing the relevant statement (called in this section the specified material) has been or is being published by means of an internet intermediary service provided by the respondent; (ii) the relevant statement is a false statement of fact; and (iii) the publication of the specified material by means of the service has caused or is likely to cause the subject harm; and (b) it is just and equitable in the circumstances to make the disabling order on an expedited basis. [17/2019]
Section 15C(2) and (3) applies to an interim disabling order as it applies to a disabling order. [17/2019] (a) the court is satisfied that there is prima facie evidence that — (i) the respondent published or continues to publish the relevant statement; (ii) the relevant statement is a false statement of fact; and (iii) the publication of the relevant statement by the respondent has caused or is likely to cause the subject harm; and (b) it is just and equitable in the circumstances to make the interim notification order. [17/2019]
An interim notification order may require the respondent to publish an interim notice, within a specified time — (a) to any specified person or description of persons; and (b) in a specified form and manner, which may include publication — (i) at a specified online location or in a specified newspaper or other printed publication of Singapore; or (ii) in specified proximity to every copy of the relevant statement, or of any substantially similar statement, that is published by the respondent. [17/2019]
An interim notice must — (a) state that there is a pending application for a correction order or a stop publication order or both (as the case may be) in respect of the relevant statement; and (b) be in such form and published in such manner as may be specified in the interim notification order. [17/2019]
Section 15B(2) and (5) applies to an interim notification order as it applies to a correction order. [17/2019] (a) the court is satisfied that there is prima facie evidence that — (i) any material consisting of or containing the relevant statement (called in this section the specified material) has been or is being published by means of an internet intermediary service provided by the respondent; (ii) the relevant statement is a false statement of fact; and (iii) the publication of the specified material by means of the service has caused or is likely to cause the subject harm; and (b) it is just and equitable in the circumstances to make the targeted interim notification order. [17/2019]
A targeted interim notification order may require the respondent to publish a targeted interim notice — (a) by means of the internet intermediary service to all end‑users in Singapore who access any specified material provided on or through the service that consists of or contains the false statement from any specified time; and (b) where the respondent is a prescribed internet intermediary — by any means and by a specified time, to all end‑users in Singapore that the respondent knows had accessed the specified material mentioned in paragraph (a) or any identical copies of the specified material by means of the internet intermediary service. [17/2019]
A targeted interim notice must — (a) state that there is a pending application for a targeted correction order in respect of the specified material; and (b) be in such form and published in such manner as may be specified in the targeted interim notification order. [17/2019]
An end-user who accesses a part of any material is taken to access the material. [17/2019] (a) a targeted correction notice; (b) a general correction notice; (c) a targeted interim notice. [17/2019]
Subject to subsection (3), a notice is easily perceived if — (a) a notice (not being an audio recording) is conspicuous, regardless of the type of platform or device used by the end‑user or viewer; Illustration A notice that is in a text form is conspicuous if it is sufficiently differentiated from the background and is of a reasonable type size compared to the rest of the text on the same page. (b) the notice is easy to read, view or listen to, and not easy to miss; Illustrations (a) Where the notice is an audio recording, it is easy to listen to it if it is in a volume and cadence sufficient for it to be heard and understood. (b) Where the notice is a video recording or a dynamic display, it is easy to view if it appears for a duration sufficient for it to be viewed and understood. (c) A notice that is in a text form or the form of a video recording or dynamic display is easy to miss if it is contained in a pop-up window, insofar as access to it may be easily disabled. (c) the notice (not being an audio recording) is placed near the subject statement (where relevant), and in a location where end-users or viewers are likely to look; or (d) the end-user is required to access another online location in order to comprehend the notice. Illustration An example of such requirement is the mere provision of a hyperlink to the notice or a part of it. [17/2019]
For the purposes of this section, without limiting the manner of complying with subsection (1), a notice is taken to be easily perceived if the notice is published in accordance with such measures as may be prescribed by regulations made under section 20 (called in this section the prescribed measures). [17/2019]
The measures required to be taken under a targeted correction order, general correction order or targeted interim notification order must not be inconsistent with the prescribed measures. [17/2019]
(a) in the case of a protection order — (i) the applicant for the order; (ii) the relevant party in relation to the order; or (iii) if the protection order requires an internet intermediary to disable access to a third party’s communication, that third party; (b) in the case of a mandatory treatment order — (i) the applicant for the order; or (ii) the respondent; and (c) in the case of a stop publication order, a correction order, a disabling order, a targeted correction order or a general correction order — (i) the applicant for the order; (ii) the relevant party in relation to the order; (iii) the author of the relevant statement to which the order relates; or (iv) an individual or entity that published the relevant statement to which the order relates. [17/2019] (a) the author of the false statement of fact, if the author authorised or caused that statement to be published; (b) any person or entity that intentionally published the false statement of fact or any material consisting of or containing the false statement of fact; (c) the subject who applied for the order. [17/2019] [17/2019] (a) any contrary duty or obligation under any written law or rule of law, any contract or any rule of professional conduct applicable to the relevant party; and (b) any costs of complying with the order being owed to the relevant party. [17/2019]
No civil or criminal liability is incurred by a relevant party, or an officer, employee or agent of the relevant party, for doing or omitting to do any act, if the act or omission is done — (a) with reasonable care and in good faith; and (b) for the purpose of complying with or giving effect to an order made under Division 1 or 2 against that relevant
[17/2019]
Subsection (2) does not apply to the respondent of a protection order made under section 12(2), or of an expedited protection order under section 13(1) in relation to a protection order under
[17/2019]
Subject to section 10(3), disobedience or breach of an order made under this Part, if intentional, is a contempt of court. [17/2019]
PROTECTION FROM HARASSMENT COURT (a) designate one or more District Courts as Protection from Harassment Courts; and (b) designate so many District Judges, as may be necessary, as Protection from Harassment Court Judges. [17/2019]
A Protection from Harassment Court is to be presided over by a Protection from Harassment Court Judge designated under subsection (1)(b). [17/2019] [17/2019] [17/2019] (a) the provisions of the State Courts Act 1970 apply to the Protection from Harassment Courts; (b) unless the context otherwise requires, any reference in any written law to a District Court or a State Court includes a reference to a Protection from Harassment Court; and (c) unless the context otherwise requires, any reference in any written law to a District Judge or a judicial officer includes a reference to a Protection from Harassment Court Judge. [17/2019] [17/2019]
Despite subsection (1) — (a) a claim under section 11 may be commenced in the first instance in a Magistrate’s Court or the General Division of the High Court; (b) Part 3 proceedings may be commenced in the first instance in a District Court (other than the Protection from Harassment Court); and (c) Part 3 proceedings (except any Part 3 proceedings involving any claim under section 11) may be commenced in the first instance in a Family Court, in which any related proceeding is pending, with the permission of that court. [17/2019; 40/2019] [Act 25 of 2021 wef 01/04/2022]
A court may grant permission under subsection (2) only if it is just, expeditious and economical for the disposal of the Part 3 proceedings, for the Part 3 proceedings to be commenced in that court. [17/2019] [Act 25 of 2021 wef 01/04/2022]
Civil proceedings (other than Part 3 proceedings) may be commenced in the first instance in a Protection from Harassment Court only if those civil proceedings are — (a) related to any Part 3 proceedings that have been or will be commenced in the Protection from Harassment Court; and (b) commenced in the Protection from Harassment Court on or after the commencement of the related Part 3 proceedings. [17/2019]
Civil proceedings may, under this section, be commenced in a court only if the civil proceedings are within the civil jurisdiction of that court. [17/2019]
In this section, proceedings are related to Part 3 proceedings if — (a) both of those proceedings involve any common issue of law or fact; or (b) the rights to relief claimed in both of those proceedings are in respect of the same conduct or course of conduct. [Act 31 of 2022 wef 01/11/2022] Court, if there is sufficient reason to do so. [17/2019]
A Family Court may, on the application of any party or on the Family Court’s own initiative, order that any Part 3 proceedings pending in the Family Court be transferred to the Protection from Harassment Court, if there is sufficient reason to do so. [17/2019]
A Protection from Harassment Court may, on the application of any party or on the Court’s initiative, if it is just, expeditious and economical for the disposal of the Part 3 proceedings, transfer — (a) any claim under section 11 that is pending in the Protection from Harassment Court to a Magistrate’s Court in which any related civil proceeding is pending; (b) any Part 3 proceedings that are pending in the Protection from Harassment Court to a District Court in which any related civil proceeding is pending; or (c) any Part 3 proceedings (except any claim under section 11) that are pending in the Protection from Harassment Court to a Family Court in which any related family proceeding is pending. [17/2019]
A Protection from Harassment Court may, on the application of any party or on the Court’s initiative, transfer any civil proceedings (other than Part 3 proceedings) that are pending in the Protection from Harassment Court to a Magistrate’s Court or a District Court, if there is sufficient reason to do so. [17/2019]
Civil proceedings may, under this section, be commenced in or transferred to a court only if the civil proceedings are within the civil jurisdiction of that court. [17/2019]
In this section — (a) “family proceedings” has the meaning given by section 2(1) of the Family Justice Act 2014; and (b) proceedings are related to Part 3 proceedings if — (i) both of those proceedings involve any common issue of law or fact; or (ii) the rights to relief claimed in both of those proceedings are in respect of the same conduct or course of conduct. [17/2019]
Sections 54A and 54D of the State Courts Act 1970 do not apply to the transfer of any Part 3 proceedings. [17/2019]
This section does not affect any power of the General Division of the High Court to transfer proceedings to itself or to any other court under section 54B or 54C of the State Courts Act 1970 or any other law. [17/2019; 40/2019]
(a) jurisdiction to try any offence under section 3, 4, 5, 6 or 7 and impose the full punishment under this Act; and (b) jurisdiction to make any order under section 12 or 13 on the basis of a contravention of section 3, 4, 5, 6 or 7.
Where the victim under section 3, 4, 5 or 6 was outside Singapore when the accused or respondent (as the case may be) used the words or behaviour, made the communication or published the identity information, in contravention of any such section, the court has jurisdiction if the accused or respondent (as the case may be) was in Singapore when that accused or respondent used those words or behaviour, made that communication or published that identity information, as the case may be. [17/2019]
Where the accused or respondent (as the case may be) was outside Singapore when that accused or respondent used the words or behaviour, made the communication or published the identity information, in contravention of section 3, the court has jurisdiction if — (a) the victim of the contravention was in Singapore when the use of those words or behaviour, the making of that communication or that publication of identity information caused the victim harassment, alarm or distress; and (b) the accused or respondent (as the case may be) knew or had reason to believe that the victim of the contravention would be in Singapore at the time referred to in paragraph (a). [17/2019]
Where the accused or respondent (as the case may be) was outside Singapore when that accused or respondent used the words or behaviour, made the communication or published the identity information, in contravention of section 4, 5 or 6, the court has jurisdiction if — (a) the victim of the contravention was in Singapore when the victim heard, saw or otherwise perceived those words or behaviour, that communication or that identity information; and (b) the accused or respondent (as the case may be) knew or had reason to believe that the victim of the contravention would be in Singapore at the time referred to in paragraph (a). [17/2019]
Where the victim under section 7 was outside Singapore when any of the acts or omissions associated with unlawful stalking occurred in contravention of that section, the court has jurisdiction if the accused or respondent (as the case may be) was in Singapore when any of those acts or omissions occurred. [17/2019]
Where the accused or respondent (as the case may be) was outside Singapore when any of the acts or omissions associated with unlawful stalking occurred in contravention of section 7, the court has jurisdiction if — (a) the victim of the contravention was in Singapore when any of those acts or omissions occurred; and (b) the accused or respondent (as the case may be) knew or had reason to believe that the victim of the contravention was in Singapore at the time referred to in paragraph (a). [17/2019]
Without affecting the jurisdiction and power conferred under this Act or any other written law, the court has in the circumstances specified in subsections (8) and (9) jurisdiction to try any offence under section 10 for failure to comply with an order and impose the full punishment under this Act.
In the case of an order prohibiting the respondent from doing any thing in relation to the victim or to any related person specified in the order, where the victim or the related person was outside Singapore when the respondent did any thing prohibited by the order, the court has jurisdiction if the respondent was in Singapore when that respondent did that thing. [17/2019]
In the case of an order prohibiting the respondent from doing any thing in relation to the victim or to any related person specified in the order, the court has jurisdiction — (a) where the respondent was outside Singapore when that respondent failed to comply with an order prohibiting him or her from doing any thing in relation to the victim, if — (i) the victim was in Singapore when the thing done by the respondent in contravention of the order was heard, seen or otherwise perceived by the victim; and (ii) the respondent knew or had reason to believe that the victim would be in Singapore at the time referred to in sub‑paragraph (i); (b) where the respondent was outside Singapore when that respondent failed to comply with an order prohibiting him or her from doing any thing in relation to any related person specified in the order, if — (i) the related person was in Singapore when the thing done by the respondent in contravention of the order was heard, seen or otherwise perceived by the related person; and (ii) the respondent knew or had reason to believe that the related person would be in Singapore at the time referred to in sub‑paragraph (i); and (c) where the respondent was outside Singapore when that respondent failed to comply with an order prohibiting him or her from publishing or continuing to publish any communication, if — (i) the communication was heard, seen or otherwise perceived by a section of the public in Singapore; and (ii) the respondent knew or had reason to believe that communication would be heard, seen or otherwise perceived by a section of the public in Singapore. [17/2019]
In subsections (8) and (9) — (a) “victim”, in relation to an offence under section 10 for failure to comply with an order, means the victim under section 3, 4, 5, 6 or 7 (as the case may be) in whose favour the order was made; (b) “respondent”, in relation to an offence under section 10 for failure to comply with an order, means the person who is alleged to have failed to comply with the order in contravention of section 10; and (c) a reference to any thing done by the respondent includes any words or behaviour used or communication made by the respondent.
according to law. [17/2019]
Any police officer may also arrest without warrant any person reasonably suspected of having committed an offence under section 10(1) in the circumstances prescribed in regulations made under section 20, and take that person before a Magistrate’s Court to be dealt with according to law. [17/2019] 18A. The Minister may, by order in the Gazette, amend the Schedule. [17/2019]
respect of civil proceedings under this Act and in the Protection from Harassment Court. [17/2019]
Without affecting subsection (1), Rules of Court may be made for the following purposes: (a) to provide for expedited procedures; (b) to provide for any orders made under this Act to be published in a specified manner; (c) to empower the court to make any ancillary orders for the purposes of this Act; (d) in relation to proceedings for an order under section 12 or 13 or Division 2 of Part 3, where the name of any party to whom the order is intended to apply is unknown, for that party to be identified by an Internet location address, a website, a username or account, an electronic mail address or any other unique identifier; (e) to prescribe the persons who may bring civil proceedings under this Act on behalf of — (i) any victim mentioned in section 3, 4, 5, 6 or 7; or (ii) any subject mentioned in Division 2 of Part 3; (f) to provide for the costs (including disbursements) and fees of any civil proceedings under this Act, and for regulating any matter relating to the costs of such proceedings; (g) to prescribe anything that this Act requires or permits to be prescribed by Rules of Court. [17/2019] (2A) Without affecting subsections (1) and (2), Rules of Court may be made, in relation to a Protection from Harassment Court, for the following purposes: (a) to provide for any civil proceedings in that Court to be conducted in an informal manner; (b) to provide for the adoption of a judge‑led approach in any civil proceedings in that Court; (c) to provide that that Court is not bound by the rules of evidence in the conduct of any civil proceedings, and may inform itself on any matter in such manner as it thinks fit; (d) to prescribe the persons who may act for a party to any civil proceedings in that Court; (e) to expressly empower that Court to do any of the following things in any civil proceedings in that Court, where that Court thinks it fit to do so in the interest of justice, safety or propriety: (i) to order the redaction of any information (including the name of a party) contained in any document filed in those civil proceedings; (ii) to order that those civil proceedings be heard in private; (iii) to order any person to do any act or refrain from any conduct, so as to prevent the identification of any witness or party in those civil proceedings; (f) to expressly empower that Court to decide any matter in the absence of any party to any civil proceedings in that Court, if that party fails without reasonable excuse to attend any civil proceedings in that Court, even if the interests of that party are prejudicially affected by that decision; (g) to provide for the costs (including disbursements) and fees of any civil proceedings in that Court, and for any such costs or fees not to apply except in certain specified circumstances. [17/2019]
Rules of Court may, instead of providing for any matter, refer to any provision made or to be made about that matter by practice directions issued for the time being by the Registrar of the Supreme Court or the Registrar of the State Courts, as the case may be.
The Family Justice Rules may, instead of providing for any matter, refer to any provision made or to be made about that matter by practice directions issued for the time being by the registrar of the Family Justice Courts. [Act 17 of 2019 wef 15/10/2024]
(a) for which Rules of Court may be made under section 19; or (b) mentioned in subsection (2). [17/2019]
For the purposes of section 13B, the Minister charged with the responsibility for health may make regulations relating to the treatment of a person under a mandatory treatment order. [17/2019] and regulations made under section 20 must be presented to Parliament as soon as possible after publication in the Gazette. [17/2019]
(a) a protection order made under section 12(2) that provides any thing under section 12(2B)(b), or an expedited protection order made under section 13(1) that so provides; (b) a protection order made under section 12(2E), or an expedited protection order made under section 13(1B); (ba) a protection order made under section 12(2F), or an expedited protection order made under section 13(1C); (c) any order made under Division 2 of Part 3. [17/2019]
The Minister may, by order in the Gazette, prescribe the classes of persons, and the orders in respect of each class of persons so prescribed, to which subsection (1) applies. [17/2019]
Every order made under subsection (2) must be presented to Parliament as soon as possible after publication in the Gazette. THE SCHEDULE Sections 12(2A)(a), 13(1A)(a) and 18A SPECIFIED OFFENCES
[17/2019] [S 338/2022 wef 01/05/2022]
[S 338/2022 wef 01/05/2022] LEGISLATIVE HISTORY PROTECTION FROM HARASSMENT ACT 2014 This Legislative History is a service provided by the Law Revision Commission on a best-efforts basis. It is not part of the Act.
Bill : 12/2014 First Reading : 3 March 2014 Second and Third Readings : 13 March 2014 Commencement : 15 November 2014
Operation : 31 May 2015
(Amendments made by section 41 of the above Act) Bill : 20/2018 First Reading : 20 March 2018 Second and Third Readings : 18 May 2018 Commencement : 19 December 2018 (section 41)
(Amendments made by section 29(13) of the above Act) Bill : 32/2019 First Reading : 7 October 2019 Second Reading : 5 November 2019 Notice of Amendments : 5 November 2019 Third Reading : 5 November 2019 Commencement : 1 June 2021 (section 29(13))
Operation : 31 December 2021 ii
(Amendments made by Part 7 of the above Act) Bill : 18/2021 First Reading : 26 July 2021 Second and Third Readings : 14 September 2021 Commencement : 1 April 2022
Date of First Reading : 13 September 2021 (Bill No. 22/2021) Date of Second and Third Readings : 5 October 2021 Date of commencement : 1 May 2022
Date of commencement : 1 May 2022
(Amendments made by the above Act) Bill : 24/2022 First Reading : 12 September 2022 Second and Third Readings : 3 October 2022 Commencement : 1 November 2022
(Amendments made by the above Act) Bill : 6/2023 First Reading : 6 February 2023 Second and Third Readings : 6 March 2023 Commencement : 1 May 2023
Bill : 11/2019 First Reading : 1 April 2019 Second and Third Readings : 7 May 2019 iii Commencement : 1 January 2020 (except sections 2, 3(1)(e) and (2), 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30 and 31) 1 April 2020 (sections 3(1)(e) and
(a) to (d) and (g), 14, 20(1) to (7), 24(b) to (g), 26, 27 and 28(1)) 1 June 2021 (sections 2, 3(2)(e) and (f), 13, 15 to 19, 20(8), 22, 23, 24(a) and (h), 28(2), 29 and 30) 15 October 2024 (section 25) Abbreviations (updated on 29 August 2022) G.N. Gazette Notification G.N. Sp. Gazette Notification (Special Supplement) L.A. Legislative Assembly L.N. Legal Notification (Federal/Malaysian) M. Malaya/Malaysia (including Federated Malay States, Malayan Union, Federation of Malaya and Federation of Malaysia) Parl. Parliament S Subsidiary Legislation S.I. Statutory Instrument (United Kingdom) S (N.S.) Subsidiary Legislation (New Series) S.S.G.G. Straits Settlements Government Gazette S.S.G.G. (E) Straits Settlements Government Gazette (Extraordinary)