Harassment by Money Lender

In Singapore, harassment is a crime and includes many different elements. In the context of money lending, some money lenders (licensed and unlicensed) (also known as “ah long”) may try to harass a borrower.

What law provides protection against harassment in Singapore?

In Singapore, the Protection Against Harassment Act (POHA) is the law that a borrower may rely on to get protection if they are being harassed by a money lender. This law also applies to migrant domestic workers (‘MDW’).

Under section 3 of the Act, any person who:

1. Threatens;
2. Abuses; or
3. Insults

By words, behavior or other communication, with the intention to cause another person harassment, alarm or distress is guilty of harassment.

Under section 4 of the Act, the harasser does not need to have known that their actions might cause the victim harassment, alarm or distress. It is simply enough for the victim to show proof that the harasser’s actions caused them distress.

An example would be: if Angie posts on Facebook asking Ben to repay his debt to her, and Ben suffers emotional distress as a result, it might be sufficient for Angie to be guilty of harassment. If a person is found guilty of harassment, they may be liable to pay a fine or go to prison (or both).

Causing fear or provocation of violence

It is also a crime in Singapore to intentionally (to want to/desire to) cause someone to believe that unlawful violence will be used against them. This crime is slightly different to harassment, as the victim must fear physical violence. For harassment, the victim only needs to feel harassment, alarm or distress.

For example: Angie posts on Facebook threatening Ben and making abusive comments, claiming that Ben is unable to pay his debt back. If Angie then posts Ben’s personal information (for example, Ben’s identity card number), and then threatens to beat up Ben if he does not pay her back, Angie might be guilty of causing fear or provocation of violence.

If someone has been found guilty of causing fear or provocation of violence, they might be liable for a fine or prison, or both.

Unlawful stalking

Under the Protection Against Harassment Act, it is also a crime to unlawfully (illegally) stalk someone.

Stalking someone might include:

1. Doing something (or not doing something) associated with stalking
2. The action causes harassment, alarm or distress; and
3. The action was intended (the stalker wanted to) cause the victim harassment, alarm or distress

Stalking could include:

1. Following someone
2. Standing around or waiting for someone near their home or business
3. Giving gifts to the victim even if the victim has asked the stalker to stop
4. Putting a camera in someone’s home and surveilling the victim

For example: if a money lender follows an MDW around while she is working, this is likely to be considered stalking. A person who is found guilty of stalking may be liable to pay a fine or go to prison (or both).

Publication of One’s Personal Information (Doxxing)

Under the Protection Against Harassment Act, it is also a crime to publish or post another person’s personal information. This is also known as “doxxing”. The person posts this information intending to (wanting to) harass, threaten, or facilitate violence against them.

For example, a money lender might make a post on Facebook by sharing a borrower’s personal information, including their home address. The money lender might write that anyone who can find the borrower will get a reward. This may be considered doxxing. If someone is found guilty of doxxing, the maximum punishment is a fine or prison (or both).

Who can be held responsible for acts of harassment in Singapore?

Under the law, both companies and individuals can be held liable for harassment. This means that if you are being harassed by someone on behalf of a business (for example, the agent of a money lender), the money lender’s business can be held responsible for the harassment of their agent.

What if my harasser is outside Singapore?

Under the Protection Against Harassment Act, the harassment case can still be heard in Singapore if:

1. The victim was in Singapore; and
2. The harasser knew, or had reason to believe that the victim was in Singapore

An example of this is when a money lender loans money to an MDW who works in Singapore. If the money lender starts to harass the MDW by sending revealing pictures or personal information of the MDW to people in the MDW’s community back home, this might be considered harassment and the MDW can bring the case in Singapore, even though the harassment was done outside of Singapore.

Remedies for victims and family members

If you are victim to harassment, action you may take includes:

1. Submitting a police complaint: if the police find enough evidence of harassment, the police may decide to arrest the harasser and take them to court. At court, the judge may then decide to find the harasser guilty and punish them with a fine or a prison (or both).
2. Starting a civil case for compensation: this is when the court decides whether you should be paid money by the harasser to make amends for what you have been through.

It is also possible for family members of victims to get compensation. This will likely only be relevant when the harasser has also bothered or hurt the victim’s family members.

The Protection from Harassment Courts

Victims of harassment by money lenders can submit a complaint for harassment at the Protection from Harassment Court. If you want to do this, it is highly advised that you get legal help from a legal advisor or NGO. There are different types of protection you can get, but it is advisable that you speak to a lawyer to understand what type of protection order is best for you.

If a money lender is found guilty of harassing you, their license can be removed by the Singapore government.

Helpful Tips

• Call the police (999) if you are in any danger.
• Stay safe and remove yourself from the source of harassment as soon as possible.
• Try to keep as much evidence (proof) as possible – this could be a picture, video or a voice recording. Keep this evidence safely.
• Get help and support from a trusted organization or NGO. If you are in immediate danger, go to the police as soon as possible. You may wish to contact the organizations in the resources section below.
• Do not delay in taking action. Remove yourself from the source of harassment as soon as possible.