SPEECH DURING 2ND READING OF THE PROTECTION FROM HARASSMENT (AMENDMENT) BILL ON 7 MAY 2019 BY PATRICK TAY, MP FOR WEST COAST GRC (BOON LAY)

The establishment of the Protection from Harassment Court (PHC) which adopts simplified procedures and expedited timelines coupled with the strengthening of protection for victims of harassment sends a strong signal that victims of harassment must be taken seriously, and harassment cases must be dealt with effectively.

It is critical that the avenues to seek relief and redress are not fraught with complexity or lead to a sense of futility or worse, where the victim of harassment perceives himself or herself to be further victimised. 

I will be addressing these points in relation to: (i) anonymous harassers, (ii) intimate harassers, (iii) workplace harassers, and (iv) the management of harassment cases.

(i) Anonymous Harassers

One of the challenges to the ability of the victim to take any action against a perpetrator is the lack of knowledge of the perpetrator’s identity. Take for example, a female victim who was harassed online by persons unknown to her. 

These persons had posted hateful messages directed at her, revealed her contact number online while threatening that they were closing in on her residence and posted her contact details on online sex forums offering sexual services. 

Worried for her safety and her family’s safety, the victim reported the matter to the police but was told that there was nothing further that the police could do as they needed real names and contact numbers before they could proceed. 

This same example may happen to a male victim as well.

While the Bill now provides for the application of stop publication orders to prohibit the publication of false statement of facts, these unknown perpetrators can easily put up other false information of the victim on other platforms to continue harassing the victim. 

Some of these persons also deliberately mask their identities and IP addresses to avoid detection.

The anonymity of the harassers adds to the sense of loss of control and fear already experienced by victims. 

The anonymous harassers may pose threats of violence or incite violence by others on the victims and their loved ones. 

The victims have no means of assessing if the harasser or persons will carry out the threats of violence, or who they should be guarding against. 

This creates a significant amount of stress on the victims, which can be debilitating. 

In this regard, the law enforcement agencies must strengthen their capabilities in identifying these unknown perpetrators to send a strong message to these harassers that they cannot get away with such behaviour.

(ii) Intimate Harassers

Intimate harassers can inflict even more pain and anguish on their victims and even persons related to the victims, due to the increased vulnerability and proximity of the victim in the intimate relationship. 

The intimate harasser has access to private and intimate information of the victim which can enable the intimate harasser to hold the victim ransom and force the victim to acquiesce to the harasser’s demands.

The Bill rightly provides for strengthened protection for victims of intimate harassers who require greater protection and means to extricate themselves from the reach of the intimate harasser. 

However, the Bill also provides that the enhanced penalties do not apply to the intimate harasser (referred to as “A”), if “A” can prove that despite “A” having been or being in an intimate relationship with the victim (referred to as “B”), the relationship between “A” and “B” did not adversely affect “B’s” ability to protect “B” from “A” in respect of the harm caused by the offence. 

Could the Minister share examples of what these possible exceptions might be?

(iii) Workplace Harassers

Workplace harassment involving cases of rage and aggression by members of the public against persons in public-facing frontline jobs is on the rise. Last month, a man was caught on camera punching a 60-year-old security supervisor at Roxy Square allegedly over seeking of directions out of the building. The security supervisor fell and suffered a swollen eye and a sprained neck. Following this incident, I reiterate my call once again for Ministry of Law and Ministry of Home Affairs to review the scope of ‘public service’ workers under the Act.

While these private security officers work in private spaces, their work, in effect, straddles the line delineating private and public spaces as provided in the Act. Given the recent introduction of criminal penalties regulating the conduct of private security guards to boost the industry’s professionalism and bolster Singapore’s defences, it is timely to review the according of special protection to this group of workers under POHA beyond what is currently provided for under the Act. 

I have raised this on several occasions in this House on behalf of these workers who undertake public-facing jobs and who may be exposed to harassment. They include private security officers, cleaners, transport, and healthcare workers. Harassment cannot be condoned nor accepted as part and parcel of these public-facing jobs.

Through the Legal Clinics and Legal Primers organised by the National Trades Union Congress (NTUC), union members are provided with access to support, resources and the expertise of legal professionals, social workers and counsellors, to prevent and manage workplace harassment. At these sessions, workershave shared personal encounters of harassment at the workplace, ranging from physical to verbal harassment, some of a sexual nature. A dipstick poll at one such Legal Primer indicated that 20% of respondents had encountered workplace harassment of a sexual nature before. Name calling and hurling vulgarities were also commonplace. In some cases, harassers used physical force to intimidate victims by blocking their way or even by pushing and shoving. Instances of workplace bullying were also shared. A member shared that her colleague who bore a grudge against her took photographs of her without her consent and spread malicious untruths about her, suggesting that she was in an intimate relationship with another colleague. She was advised to seek recourse under POHA.

Victims of workplace harassment often find it difficult to speak up because they may be fearful of losing their jobs, receiving a bad appraisal, perceived as not going along with the office culture or blaming themselves. One member shared that after she had made a police report against her superior for sexual harassment at the workplace, her superior subsequently made false allegations against her, took away her work duties and dismissed her. 

Workplace harassment can impact the victim psychologically and physically and his or her ability to work. I am glad that the Ministry of Law has at the Committee of Supply Debate 2019, taken note of my suggestion to track the types of POHA cases filed and that the Ministry will be working with the State Courts to explore this further. Information gleaned from workplace harassment POHA cases can help in the refinement of the Tripartite Advisory on Managing Workplace Harassment to better prevent and manage harassment at the workplace.  

On a related note, the Bill allows business entities to seek relief against falsehoods through the application of stop publication and correction orders. Falsehoods can damage the business reputation and have knock-on effects on the workers’ livelihoods.Last year, videos were circulated alleging that fake chilli was sold in the vicinity of Tekka Market and fake keropok was sold at the Hari Raya Bazaar. The relevant authorities had investigated the claims and found the allegations to be untrue. Not only do thesefalsehoods cause unnecessary alarm and confusion among the public, the reputation of the business and their workers’ livelihoods would also be impacted, in the event where the public chooses to boycott the business due to the falsehoods.

(iv) Management of Harassment Cases

In cases of prolonged and sustained harassment, victims can feel compelled to make drastic changes to their way of life, including moving houses, changing jobs and cutting themselves off from social media and social engagements. Victims undergo significant stress, experience a sense of loss and powerlessness and a pervasive sense of insecurity, even in their own homes.

It takes courage for victims to take action against their harassers. This is at the risk of further incurring the wrath of the harasser and being subject to even greater harassment. Care must be taken to minimise inadvertent victim-blaming in the course of investigative and legal inquiry. The victim should also be kept informed of developments in investigations at appropriate junctures.

To help victims to get back on their feet and prepare for any backlash from harassers, the police and PHC should direct victims to specialised counsellors or social workers to assist victims in drawing up safety plans. 

In putting together a personalised safety plan, victims can identify concrete steps they can take to better protect themselves along with resources they can tap on to seek help. These safety plans can help victims to gain a sense of control over the situation and better cope with the investigative and legal processes to follow. With these submissions and suggestions, I support the Bill.