Singapore legislation

Section 4

of Protection from Harassment Act 2014

Section 4

Harassment, alarm or distress

Amended by17/201917/201917/2019

(1)

An individual or entity must not by any means —

(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.

Amended by17/2019

(2)

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.

Amended by17/2019

(3)

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.

Amended by17/2019