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Anti-harassment laws: MPs seek greater clarity

SINGAPORE — While they expressed strong support for the new anti-harassment laws which were passed yesterday, some Members of Parliament raised several concerns, including whether they would be used as a tool for censorship and where the authorities would draw the line when it comes to criminalising offensive behaviour. They also sought greater clarity on what would constitute unlawful stalking.

SINGAPORE — While they expressed strong support for the new anti-harassment laws which were passed yesterday, some Members of Parliament raised several concerns, including whether they would be used as a tool for censorship and where the authorities would draw the line when it comes to criminalising offensive behaviour. They also sought greater clarity on what would constitute unlawful stalking.

“I’m not sure if there’s a distinction between normal and unlawful stalking,” said Sembawang GRC MP Vikram Nair, who asked if the provision would criminalise the work of private investigators. Similarly, Aljunied GRC MP Pritam Singh wondered if the law on unlawful stalking could be employed against journalists and investigative reporters.

Mr Nair also noted that the definition of harassment criminalises insulting behaviour or communication that is likely to cause distress to a person. “If the threshold for insult and distress is set too low, a very wide range of behaviour may be inadvertently criminalised,” noted Mr Nair, citing the example of fans’ behaviour during a football game.

Nevertheless, he acknowledged that if the conduct is deemed reasonable, then it may not be considered harassment under the new laws.

Regarding online behaviour, Chua Chu Kang GRC MP Zaqy Mohamad welcomed the law enabling “ordinary people” to seek the judgment of the court for false statements published against them or for suitable clarifications to be displayed. “I support this as long as it’s not a tool to be used in any manner to censor information and responsible views, alternative as they may be, on the Internet,” he said.

Pasir Ris-Punggol GRC MP Zainal Sapari also asked how the authorities would differentiate between expression of one’s views on the Internet and publication of anti-social comments online with malicious intent.

In response, Law and Foreign Affairs Minister K Shanmugam said that whether or not one’s conduct amounts to harassment depends on the facts of each case, and that reasonableness of conduct is a defence to all the offences under the Act.

In drafting the clauses on unlawful stalking, lawmakers have tried to strike a balance between certainty — so that people know clearly what is criminal conduct — and flexibility so that various forms of stalking will be caught.

The court should be trusted to assess if particular forms of conduct amount to unlawful stalking, he said. It will review whether the behaviour was reasonable in the given circumstances and if the alleged victim is being reasonable.

Bishan-Toa Payoh GRC MP Hri Kumar Nair noted that the anti-harassment laws create both criminal offences and provide civil remedies for the same conduct. While useful, he was concerned victims who turn to the police may be asked to initiate civil proceedings instead.

Mr Shanmugam said police officers will be trained on how to apply the laws, including on the assessment and investigation of reported cases and breaches of protection orders.

Nominated MP Eugene Tan sought assurance that a clause, immunising for purposes of national security what would otherwise be considered unlawful stalking, would relate only to high-level operations concerning terrorism, major crime syndicates or very serious crime. Mr Shanmugam said this would be the case.

On whether damages could be sought for emotional injury, Mr Shanmugam said the laws do not prohibit this and has left it open for the courts to decide on the categories of damages that should be awarded in each case.

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