Harassment
In Singapore, it is a crime to harass someone under the Protection Against Harassment Act 2014 (POHA). The law protecting people from harassment applies to migrant domestic workers (‘MDW’) as well.
Under this law, any person who threatens, abuses or insults another person with the intention (desire) to cause the other person harassment, alarm, distress is guilty of harassment.
An example of harassment might be an employer who loudly talks about something that might be inappropriate to their employee, or in the area of their employee, that might cause the employee to become uncomfortable.
In Singapore, if someone is found guilty of harassment, they can be fined a maximum of SG$5000 or sent to prison for 6 months or both.
Under the Protection Against Harassment Act, threatening, abusive or insulting actions that could cause a victim to feel harassed, alarmed or distressed is enough to arrest someone for harassment. It does not matter that the harasser did not know that the other person was feeling harassment or alarmed.
For example, if Annie posts a comment on social media for Ben to pay his debt to Annie back, Ben might suffer emotional distress because of the post. Ben might be able to prove that Annie has harassed Ben.
Harassment can happen at any time, including the workplace. The law applies to MDWs as well.
Causing Fear or Provocation of Violence
In Singapore, it is a crime to intentionally cause someone to believe that unlawful (illegal) violence will be used against them.
This crime is different to harassment, because this crime has a threat of physical violence (i.e. physical contact). Harassment can be non-physical (e.g. threatening words).
For example, Annie, who is an employer, posts an abusive and threatening message on Facebook about her former MDW, Susan. Annie posts Susan’s personal information and threatens that she will hurt Susan. In this instance, Annie may be found guilty of making a threat of physical violence.
The maximum punishment for this crime is a fine of SG$5000 and up to 12 months in prison, or both.
Unlawful Stalking
Under the Protection Against Harassment Act, unlawful (illegal) stalking is a crime. Under this law, stalking is when someone does an act (or fails to do something) that is associated with stalking, that causes harassment, alarm or distress to another person. The stalker must also intend to (want to) cause the other person harassment, alarm or distress.
Example of stalking can include:
- Following someone;
- Standing around or loitering near someone’s home or business;
- Giving someone gifts even if that person has told them to stop
- Keeping someone under surveillance (e.g. putting a camera in someone’s house)
- Repeatedly sending and circulating a revealing photo of another person
The maximum punishment for stalking includes a fine of SG$5000 or prison for 12 months, or both.
Doxxing: Publication of Personal Information
Under the Protection Against Harassment Act, it is also a crime to ‘dox’ someone, meaning it is illegal to publish someone’s personal information with the intention (desire) to harass, threaten or incite violence against them.
An example of doxxing is when someone shares a victim’s personal information on social media knowing that other people might threaten or harm that person.
Another common example of doxxing in the workplace context is when an employer publishes personal information of their MDW who is about to be fired to a social media platform’s group containing fellow Singaporean employers and shames the migrant domestic worker publicly for her accused terrible work performance.
The maximum penalty for doxxing is a fine of SG$5000 or prison for 6 months, or both.
Punishment and Liability under the Protection Against Harassment Act in Singapore
In Singapore, both individuals and companies can be held liable for the harassment crimes. So, this would include employment agencies.
What if the Harasser is Not in Singapore?
Sometimes, it is possible that the person or company harassing you is not in Singapore (for example, a recruitment agent who works outside Singapore). Under Singapore law, the court is able to handle the harassment case if:
- The victim is in Singapore;
- The harasser knew, or had reason to know, that the victim is in Singapore.
An example: a recruitment agent who works overseas sends and circulates a photo of an MDW that is sensitive and revealing. The MDW works in Singapore. It is possible, under Singapore law, that the agent can be charged for harassment and be found guilty of harassment under Singapore law.
Stronger Penalties for Certain Victims
Under the Protection Against Harassment Act, if someone harasses another person who is vulnerable (for example, the victim has physical or mental disabilities, or the harasser and the victim have an intimate relationship).
The Court will also consider if the harasser lives in the same household as the victim. This may include MDWs who suffer harassment from their employers, but so far, no case under this has been brought. It is recommended that you speak to a legal advisor or NGO if you think you are being harassed by your employer.
Falsehood
Falsehood is a false or incorrect statement against another person. Under the Protection Against Harassment Act, a statement is false if it is misleading (deceptive or fake).
A falsehood may happen when an employer publicly and falsely accuses their MDW as a thief.
What remedies can I get if I am being harassed?
If you decide to submit a case for harassment against someone, you can file a criminal case with the police. The police will then investigate the crime and charge the harasser if there is enough evidence.
You may also choose to submit a civil case to the court for compensation (money) from the harasser for what you had to deal with.
Falsehood Remedies
Under the Protection Against Harassment Act, you may choose to make a criminal case but also a civil case.
If you think someone is spreading falsehoods about you, you can also ask the court for a:
- Stop publication order: this means that the harasser must stop publishing or spreading the false statement by a deadline
- General and targeted correction order: this means that the harasser must publish or spread a correction notice within a deadline
- Disabling order: this is when the internet service provider (the Wi-Fi provider) is told by the court to disable access to the false statement
Helpful Tips
- Call the police at 999 if you are in danger.
- Stay safe and try to document and collect evidence of the harassment (as much as possible). This might help you if you decide to submit a case to the police or court.
- Get help from a trusted organization and if you want to, report the harassment to the authorities.
- Get help from the resource section below if you don’t know what to do.
- Do not delay taking action if the harassment is putting you in a dangerous situation. Immediately remove yourself from the situation and seek support when you are safe.
