Budget 2014: Legal redress for harassment victims to be easy, inexpensive

PARLIAMENT

THE new law against harassment has been crafted specially to make it quick, easy and inexpensive for victims to seek legal redress, Law Minister K. Shanmugam told Parliament on Thursday. Victims, for instance, should not need to engage lawyers to get protection orders to make the harassment stop.

Police officers will also be trained on the application of the law, which Parliament passed yesterday. That includes how to assess and investigate cases and breaches of protection orders.

The minister was replying to MPs' concerns that the law, while strong on paper, will be difficult to enforce.

There are several key facets to the Protection from Harassment Bill, which was the subject of a four-hour debate yesterday.

It makes stalking an offence for the first time and also expressly proscribes cyber harassment, hitherto a grey area in the law. Second, it covers a wide range of antisocial behaviour, from bullying in schools to workplace harassment.

Third, it increases penalties and introduces jail terms for existing harassment offences.

Fourth - and crucially for victims - it offers a range of "self-help" options which a victim can use to try to stop the harassment. These include applying to the courts for protection orders against the perpetrators, requiring their actions to stop.

Those who are the targets of false and malicious online content can similarly get orders requiring the content to be taken down and for correction notifications to be published in their place. Victims can also sue perpetrators for civil damages.

Finally, the Bill can also extend the long arm of the law overseas as long as the victim or the perpetrator is in Singapore when the offences are committed.

Fifteen MPs rose to speak on the Bill. While all supported its spirit, many warned of the gap between principle and practice.

Lawyer Ellen Lee, for instance, wondered whether victims would need to pay prohibitive legal fees to seek redress.

Mr Hri Kumar Nair, also a lawyer, was concerned that victims who turn to the police may be asked to take civil proceedings instead, which are expensive and time-consuming. "In that event, the assurance intended by the Bill may prove illusory," he said.

The minister assured the House that the self-help measures - such as the rules for obtaining protection orders - would "avoid a long-winded and expensive process". They will be governed by a set of simplified court procedures and court forms. Expedited protection orders can be obtained in as little as a day.

Expanding on the role of the police, Mr Shanmugam said officers would not turn away cases merely on the basis that there are no suspects identified. The police are also looking into strengthening their capabilities in cyber and technology-related crimes, despite severe staff constraints.

The minister also acknowledged MPs' concerns on the limitations of the Bill in tackling perpetrators who are anonymous or overseas. However, the Bill does take "several modest and cautious first steps in addressing these challenges", he said.

For instance, it provides for rules to be made to allow victims to take out protection orders even though the harasser's real name is not known.

Bullying among children and youth was another concern.

Mr Shanmugam said the law, which prescribes fines and jail terms, also provides for the court to order counselling or probation in the case of child offenders.

With regard to workplace harassment, several MPs queried the minister on the role of companies in stopping such acts.

Employers, the minister said, can play a greater role by having clear policies on handling employee grievances, including avenues for grievances to be lodged.

The Bill, the minister added, was not a "panacea" but a first step in tackling harassment woes.

Its focus is clear: "Harassment or stalking is not acceptable, as long as it is committed on our shores, or against a victim here," Mr Shanmugam said.

"We will continue to monitor, tweak and see how we may better build on what we have."

radhab@sph.com.sg

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