Harassment can come from a neighbour, a former partner, a colleague or a stranger online. The Protection from Harassment Act 2014 (POHA) gives victims fast civil remedies and makes the worst conduct a crime. It also creates real risks for anyone accused under it.
What POHA covers
POHA covers threatening, abusive or insulting words or behaviour that cause harassment, alarm or distress; conduct that causes fear or provokes violence; unlawful stalking; and doxxing, which means publishing someone’s personal information to harass, threaten or intimidate them. It applies whether the conduct happens in person or online.
Protection orders
A victim can apply to court for a protection order, which tells the harasser to stop. The court can also order that offending material be taken down or not republished. Breaching a protection order is a criminal offence.
Where the matter is urgent, the court can grant an expedited protection order. It lasts up to 28 days, or until the protection order hearing if that comes sooner, and takes effect once it has been served.
False statements of fact
POHA also deals with false statements. A person who is the subject of a false statement of fact can apply for orders such as an order to stop publishing it or to publish a correction. These orders can be directed at the publisher, and in some cases at the platform carrying the statement. They are often faster than a defamation claim, though they do not provide damages for reputation in the same way.
The court and the process
Applications are heard in the Protection from Harassment Court, which uses a simplified process. Claims are filed online, served on the respondent, and managed at case conferences. Some matters linked to family proceedings are dealt with in the Family Justice Courts instead. Act promptly: delay can weaken an application and time limits apply.
If you are the respondent
Being on the receiving end of a POHA claim is serious. An order can restrict what you say and where you go, and breach is a crime. There are defences, including that the conduct was reasonable. Get advice before you respond, and do not contact the applicant about the claim.
Evidence wins these cases
- Keep everything. Messages, emails, call logs, screenshots with dates and web addresses, photos and voice notes.
- Keep a diary. Dates, times, places, what happened and who saw it.
- Do not retaliate. A reply in kind can weaken your application, or become evidence against you.
Common questions
What counts as harassment under POHA?
Threatening, abusive or insulting words or behaviour that cause harassment, alarm or distress, conduct that causes fear of violence, unlawful stalking, and publishing someone’s personal information to harass them (doxxing). It applies online as well as in person.
How fast can I get a protection order?
If the matter is urgent, you can ask for an expedited protection order. It can be granted quickly and lasts up to 28 days or until the protection order hearing, whichever is sooner.
Can I get damages for harassment?
Yes. POHA lets a victim of certain harassment offences sue for damages in civil proceedings.
Someone has filed a POHA claim against me. What should I do?
Take it seriously and get advice quickly. You will be served with the claim and must meet court deadlines. There are defences, and an order made against you can have lasting effects.
Akesh Abhilash is a Singapore disputes lawyer with eleven years in practice, acting in commercial, cross-border and criminal matters before the Court of Appeal, the High Court, the State Courts and international tribunals. Read his profile.