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Government seeks to throw the book at harassers, stalkers

SINGAPORE — Months after the Government signalled its intention to throw the book at perpetrators of harassment, it laid bare how serious it was about stamping out such behaviour, in a new statute tabled yesterday.

SINGAPORE — Months after the Government signalled its intention to throw the book at perpetrators of harassment, it laid bare how serious it was about stamping out such behaviour, in a new statute tabled yesterday.

Not only will punishments for existing harassment-related offences be stepped up under the proposed wide-ranging omnibus legislation, it also introduces provisions to hit recalcitrant offenders more severely. Where the offending act is committed will also be irrelevant — as long as the perpetrator ought to know the victim would be in Singapore, he will be culpable.

Notably, the Protection from Harassment Act plugs two existing gaps: Harassment in the online sphere will be covered; and stalking, for the first time, has been defined.

Any unwanted attention that one knows would result in harassment, alarm or distress, such as following someone, loitering in a place, and giving or sending any letters or objects, would constitute stalking. Penalties can go up to a S$5,000 fine and/or a maximum of one year’s jail, at the first instance, and culpability will be determined by various factors, including how often and for how long the acts were carried out, as well as the likely impact on the victim’s safety, health, reputation or economic position.

In a recent high-profile stalking case, Amy Chua, who was found to be suffering from schizophrenia and had stalked former journalist Joanne Lee throughout the latter’s four-year career with Singapore Press Holdings, was fined S$4,000 in 2011.

A broad spectrum of sanctions and civil remedies have also been included, such as empowering the court to issue Protection Orders or directing perpetrators to immediately remove offending material, as well as allowing victims to sue.

Responding to the stiff potential measures, some lawyers felt they would send the right signal.

Mr Choo Zheng Xi, who has represented a handful of harassment cases in the past year, called it a “timely” move.

“It sends the right signal that harassment should be taken seriously by law enforcement and the courts,” he said. “Because of the relatively low-signature nature of harassment under the Miscellaneous Offences Act, police are reluctant to act, but hopefully this new Bill will change that.”

Mr Sunil Sudheesan felt the increase in sentencing powers “is in keeping with the general trend to expand the courts’ powers to tailor the appropriate sentences”.

“An increased power certainly should not be taken to mean that the general trend of sentences is going up. Further, the new scenarios envisaged by the act might require greater powers too, as this Act will govern more kinds of conduct,” he added.

In a statement yesterday, the National Trades Union Congress (NTUC) said it welcomed the new Bill, noting that it will offer greater protection to workers in their workplaces — something the NTUC had been advocating for in recent years.

Said Assistant Secretary-General Patrick Tay: “We will work with our tripartite partners to educate both employers and workers on this topic of harassment, and continue to ensure that our companies put in place the proper grievance-handling procedures and guidelines to deal with such issues.”

The new Bill also extends the existing protection public servants have against threats, abuse and insults to workers who deliver essential services to the general public, such as healthcare workers and public transport workers.

Acts that are carried out under official purposes, such as for the purpose of preventing or detecting crime, or which are necessary to guard national security, national defence or the conduct of international relations, are not criminalised.

Parliament will debate the Bill on March 13.

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