Protection from Harassment Act (POHA): A Guide to Harassment Law and Protection Orders in Singapore

“Have you ever felt helpless in the face of harassment, unsure of where to turn or how to protect yourself?”

In Singapore, the Protection from Harassment Act (POHA) stands as a powerful shield against such distressing situations.

POHA is a comprehensive framework designed to safeguard individuals from various forms of harassment, including cyberbullying, stalking, and workplace harassment (to name a few). Unlike other protection orders in Singapore such as the Personal Protection Order (PPO), which primarily addresses family violence, POHA protects all individuals from harassment in any context.

In this guide, we’ll break down the key aspects of POHA, walk you through the process of obtaining protection orders, and show you how to effectively use this law to regain control of your life.

📚 Learn More

Learn more about how POHA Protection Orders compare to Family Violence Protection Orders (PPO) in our other article - “Singapore’s Legal Protections: POHA Protection Orders (PO) vs Family Violence (PPO)“

Understanding the Protection from Harassment Act (POHA)

The Protection from Harassment Act (POHA) was enacted in 2014 to provide comprehensive protection against harassment and related anti-social behaviour. It covers a wide range of harassing behaviours, including:

• Intentional harassment, alarm, or distress

  For example, repeatedly sending threatening messages to someone.

• Unintentional harassment

  Such as making insensitive remarks that cause distress, even without intending harm.

• Doxxing

  Publishing someone’s personal information with the intent to harass or cause violence.

❗ Revenge Porn and POHA

Revenge porn, the non-consensual sharing of intimate images, is considered a form of doxxing and harassment under POHA. Victims can seek protection under the act.

Read our article on revenge porn in Singapore and learn how to protect yourself and take action.

• Fear or provocation of violence

  Such as making threats of physical harm.

• Harassment of public servants

  Abusing or threatening public officials in the course of their duties.

• Unlawful stalking

  Engaging in a course of conduct that causes harassment, alarm, or distress.

⚠️ Real Life Scenario

Sarah receives daily abusive emails from an anonymous sender, causing her significant distress. Under POHA, this would likely be classified as intentional harassment, and Sarah could seek protection.

Types of Protection Orders Under POHA

POHA provides several types of protection orders to address different harassment situations:

• Protection Order (PO): A court order prohibiting the respondent from continuing harassing behaviour.
• Expedited Protection Order (EPO): A temporary order for urgent cases, granted more quickly than a standard PO.
• Non-Publication Direction (NPD): An order to stop the publication of harassing communications.
• Stop Publication Order (SPO): An order requiring the removal of harassing publications.

Applying for a POHA Protection Order

To apply for a POHA protection order:

1. Check Eligibility: Ensure your case falls under POHA. This includes harassment, alarm or distress, fear or provocation of violence, doxxing, stalking, and false statements of fact.

   Click here to check if your case is eligible.

2. Pre-filing Assessment: Take the online pre-filing assessment on the Community Justice and Tribunals System (CJTS) to determine if your claim is suitable for simplified proceedings.

3. Choose Proceedings: Decide between simplified or standard proceedings based on your case complexity.

4. Gather Evidence: Collect relevant evidence such as screenshots, police reports, messages, or witness statements.

5. File Application: Submit your application. You’ll need to provide details about the harassment and the order you’re seeking. Read more about how to file your application here.

6. Pay Fees: Pay the necessary filing fees. Fee waivers may be available for those in financial hardship.

   Click here to view the estimated fees (for simplified proceedings).

   Click here to view the estimated fees (for standard proceedings).

7. Serve Documents: Once filed, serve the application on the respondent as per court instructions.

Remember, while this guide provides general information, it’s not legal advice. It is best to consider seeking legal advice.

The Protection from Harassment Court (PHC)

The Protection from Harassment Court (PHC) is a specialist court established on 1 June 2021 to handle all criminal and civil matters under the Protection from Harassment Act (POHA).

Key features of the PHC include:

1. Specialised Jurisdiction: The PHC exclusively deals with harassment-related cases, including online and offline harassment, stalking, and cyberbullying.
2. Types of Proceedings:
   • Simplified Proceedings: For straightforward cases involving one claimant and up to five respondents, claims under S$20,000, and filed within two years of the incident.
   • Standard Proceedings: For more complex cases that don’t meet the simplified proceedings criteria.
3. Expedited Process:
   • Hearings for Expedited Protection Orders (EPOs) are targeted within 48-72 hours of application.
   • In cases involving violence, hearings may be expedited to within 24 hours.
   • Protection Order applications are aimed to be heard within 4 weeks.

⚡ Fast-Track Protection

In urgent cases involving violence, the PHC can hear Expedited Protection Order applications within 24 hours of filing.

4. Judge-Led Approach: Judges take a more active role in managing cases to ensure fair and efficient hearings.

5. Optional Legal Representation: Individuals have the option to represent themselves or hire a lawyer. However, it is strongly recommended to engage a lawyer, as they can ensure your documents are in order and provide the best possible protection for your interests, reducing confusion along the way.

   For companies and other entities, legal representation by a lawyer is mandatory.

6. Enhanced Protection Measures:

   • Judges can refer cases to the police for criminal investigation if warranted.
   • Protection orders can be extended to people related to the victim.

7. Flexible Proceedings: Cases can be transferred between the PHC and other courts (e.g., Family Court) for related proceedings, subject to certain conditions.

What to expect?

• Both parties will present their cases and evidence.
• The judge will actively manage the proceedings to ensure fairness and efficiency.
• Decisions will be made based on the merits of each case.
• Various orders can be issued, including Protection Orders, Non-Publication Directions, and Stop Publication Orders.

For more information on filing an application with the PHC, visit the Singapore Courts website.

To understand the types of cases eligible for PHC hearings, check the eligibility criteria.

Enforcement and Penalties

Violating POHA protection orders carries serious consequences:

• First-time offenders face fines up to S$5,000 and/or imprisonment for up to 6 months.
• Repeat offenders face enhanced penalties, with fines up to S$10,000 and imprisonment terms varying based on the specific offence as stated below:
• Under Section 3 of POHA (Intentional harassment): Up to 12 months imprisonment
• Under Section 4 of POHA (Harassment, alarm, or distress): Up to 6 months imprisonment
• Under Section 5 of POHA (Fear or provocation of violence): Up to 2 years imprisonment
• Under Section 6 of POHA (Offences against public servants): Up to 2 years imprisonment
• Under Section 7 of POHA (Unlawful stalking): Up to 2 years imprisonment
• For aggravated offences against vulnerable persons or intimate partners, penalties can be doubled.
• The court may also issue additional orders, such as mandatory counselling or mediation.

Law enforcement has the authority to arrest individuals who breach protection orders without a warrant, ensuring swift action against violators.

🚨 Swift Action

Police can arrest POHA protection order violators without a warrant, providing immediate protection to victims.

POHA vs. Personal Protection Order (PPO)

In Singapore, there are two main types of protection orders: Protection Orders under POHA and Personal Protection Orders (PPOs) under the Women’s Charter. While both offer legal protection against harmful behaviours, they serve different purposes:

• POHA: Addresses general harassment, including online harassment and stalking.
• PPO: Specifically for family violence cases, involving family members.

When to seek a POHA order: If you’re facing harassment from someone who isn’t a family member.

When to seek a PPO: If you’re experiencing violence or threats from a family member.

For a detailed comparison of POHA and PPO, including application processes and specific protections, read our other article here.

Resources and Support

• Legal aid options: The Legal Aid Bureau provides assistance for eligible applicants.
• Helplines: AWARE helpline (1800 777 5555) offers support for harassment victims.

How Guardian Law Can Help

At Guardian Law, we specialise in POHA cases and can assist you in the following ways:

• Expert Legal Guidance: Our experienced lawyers will provide tailored advice for your specific situation.
• Assistance with Protection Order Applications: We’ll help prepare and file your application, ensuring all necessary documentation is properly submitted.
• Representation in Court Proceedings: Our skilled litigators will represent you in the Protection from Harassment Court.
• Comprehensive Support: From initial consultation to case resolution, we’ll be with you every step of the way.

Conclusion

POHA provides robust protection against various forms of harassment in Singapore. Understanding your rights and the available legal remedies is crucial in combating harassment effectively. If you’re experiencing harassment, don’t suffer in silence – seek help and use the protections POHA offers.

Need Help?

Frequently Asked Questions

What is POHA and who does it protect?

POHA (Protection from Harassment Act) protects all individuals in Singapore from harassment, including online harassment, stalking, and doxxing. It applies to both Singaporeans and foreigners, and covers harassment occurring both within Singapore and from overseas.

How do I apply for a Protection Order under POHA?

File an application through the Community Justice and Tribunals System (CJTS) website, providing details of the harassment and evidence. Before filing, you should complete the online pre-filing assessment to determine if your case is suitable for simplified proceedings.

What's the difference between simplified and standard proceedings in POHA cases?

Simplified proceedings are for straightforward cases with claims under S$20,000, while standard proceedings are for more complex cases. Simplified proceedings are generally faster and more cost-effective, but have stricter eligibility criteria.

Can I get a Protection Order against someone who harassed me online?

Yes, POHA covers online harassment. You can apply for a Protection Order against online harassers. This includes protection against cyberbullying, online stalking, and harassment through social media platforms.

How long does it take to get a Protection Order from the Protection Harassment Court (PHC)?

Protection Order applications are typically heard within 4 weeks. Expedited Protection Orders can be heard within 24-72 hours in urgent cases. The actual duration may vary depending on the complexity of the case and the court's schedule.

What penalties can harassers face under POHA?

Harassers can face fines up to S$5,000 and/or imprisonment up to 6 months for first offences, with higher penalties for repeat offenders. For aggravated offences against vulnerable persons or intimate partners, these penalties can be doubled.

What's the difference between a Protection Order and an Expedited Protection Order?

A Protection Order is a long-term order, while an Expedited Protection Order is a temporary order for urgent cases, granted more quickly. An Expedited Protection Order typically lasts for 28 days or until a Protection Order hearing, whichever is earlier.

Can POHA protect me from workplace harassment?

Yes, POHA covers workplace harassment. You can seek protection if you're being harassed at work. This includes protection against bullying, sexual harassment, or any other form of harassment in the workplace environment.

Is revenge porn covered under POHA?

Yes, sharing intimate images without consent (revenge porn) is considered a form of harassment under POHA. Victims can seek protection orders and the court can order the removal of such content from online platforms.

Can I apply for a POHA order if the harasser is overseas?

Yes, you can apply for a POHA order even if the harasser is overseas, especially for cases of online harassment. The court has the power to make orders against overseas-based harassers, although enforcement may be more challenging.