Protection from Harassment Act 2014 · 2020 Revised Edition · Part 3 · Actions and Orders
11A. Enhanced damages for statutory tort under section 11
Feedback & supportLast amended by an amending law of 2025.
In any civil proceedings for a statutory tort under section 11 against any individual or entity alleged to have contravened section 3, 4, 5 or 7 in respect of the victim (called in this section the respondent), where the conduct that is the subject of the claim comprises wholly or partly of any online activity, the court may, if it thinks just and equitable in the circumstances to do so, award enhanced damages attributable to the online activity to the victim where —
entity
“entity” means any company or association or body of persons (whether corporate or unincorporate), but excludes any public agency;
the victim made a reasonable written request to the respondent the effect of which is to ask the respondent to address the online activity that is the subject of the claim; and
the respondent failed, without reasonable excuse, to address the online activity within a reasonable time.
The award of enhanced damages that a court may award under subsection (1) —
court
“court”, for the purposes of sections 12 and 13 and Division 2 of Part 3, means a District Court (including the Protection from Harassment Court) or a Family Court;
is in addition to any general and special damages that may be awarded;
is distinct from punitive damages or aggravated damages, and the principles governing the award of those damages need not apply to an award of enhanced damages; and
may in the court’s discretion be awarded in addition to or in lieu of any punitive or aggravated damages.
The Minister may make regulations —
to prescribe the maximum limits of enhanced damages that a court may award under subsection (1); and
to clarify the application of the Limitation Act 1959 to an action for a claim for enhanced damages under this Act including prescribing a period of limitation for that action.