DPCR 3 - Protection from Harassment Act

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Questions and Answers

What conduct is likely to lead to an offence under section 4 POHA?

Sending friendly messages to acquaintances

Making threatening, abusive or insulting communications (correct)

Using kind words in communication

Providing constructive criticism online

What is the maximum fine for contravening section 4 POHA?

$2,500

$10,000

$5,000 (correct)

$1,000

Which of the following is NOT a valid defense for an individual accused under section 4 POHA?

The accused was unaware of their actions.

The accused did not believe the words would be heard by anyone.

The contact was intended as a prank. (correct)

The accused's conduct was reasonable.

What intent does X have when recording and posting a video of Y's reckless driving?

To warn others to drive defensively Signup and view all the answers

In which scenario would X likely be guilty of an offence under section 5 POHA?

X publishes a post stating Y's identity and inciting violence against them. Signup and view all the answers

Which of the following statements best illustrates the conduct that would likely cause alarm under section 4 POHA?

Posting threats of harm against individuals on public platforms. Signup and view all the answers

What element must be present for an act to be considered an offence under section 5 POHA?

Threats that provoke violence Signup and view all the answers

What type of online behavior is likely to be viewed as harassment under section 4 POHA?

Publicly insulting someone in a forum accessible to others Signup and view all the answers

In the scenario provided, what did Y experience as a result of X's actions?

Y received unwanted propositions from strangers. Signup and view all the answers

What is the court's limitation regarding protection orders against those not originating the offending communication?

The court cannot issue a protection order prohibiting the communication. Signup and view all the answers

What action may a disabling order require from the respondent regarding internet intermediary services?

To disable access by end-users within a specified time. Signup and view all the answers

Which type of order may compel an internet intermediary to publish a general correction notice?

General correction order Signup and view all the answers

What constitutes harassment, alarm, or distress according to Section 3 of POHA?

Using threatening, abusive, or insulting words or behavior. Signup and view all the answers

What may be the consequence for causing intentional harassment under Section 3 of POHA?

A fine not exceeding $5,000, imprisonment for up to 6 months, or both. Signup and view all the answers

What must an individual or entity prove to use the defense of reasonableness in a harassment case?

Their conduct was reasonable under the circumstances. Signup and view all the answers

In the example provided, what type of platform did X utilize for making abusive remarks about Y?

A social media platform. Signup and view all the answers

What is required for a targeted correction order to be made?

An application must be made by the subject of an alleged false statement. Signup and view all the answers

Which type of conduct could be considered a breach of peace under the definition provided?

Publishing identity information of the target intentionally. Signup and view all the answers

What action is NOT included in the definition of causing harassment, alarm, or distress?

Creating artwork depicting someone negatively. Signup and view all the answers

What is required for X to be guilty of an offence under section 5(1A)(a)(i)?

X must know that Y will likely believe violence will be used against A. Signup and view all the answers

Under section 6 POHA, what must X demonstrate for Y to be considered distressed?

Y must express distress in response to X's posts. Signup and view all the answers

What type of civil action can a victim under sections 3, 4, 5, or 7 initiate?

They may bring civil proceedings against the respondent. Signup and view all the answers

What condition must be met for a protection order to be issued under section 12 POHA?

The court must be satisfied that the respondent contravened one of the relevant sections. Signup and view all the answers

Which of the following types of orders can be made under the POHA?

Correction Order. Signup and view all the answers

What must a court find to issue a Stop Publication Order (SPO)?

The statement is a false statement of fact. Signup and view all the answers

For what reason may a protection order be applicable to parties outside of Singapore?

To protect victims regardless of the location of the respondent. Signup and view all the answers

What does the term 'just and equitable' refer to in the context of making a Stop Publication Order?

The fairness and appropriateness of issuing the order. Signup and view all the answers

Which scenario exemplifies a violation under section 12 regarding public servants?

A citizen shares a public servant's confidential information online. Signup and view all the answers

What is the balance of probabilities standard in legal proceedings?

The evidence must show that an event is more likely true than not. Signup and view all the answers

What justification is required for a court to issue a correction order against a respondent?

It must be just and equitable to do so. Signup and view all the answers

Under what conditions can a disabling order be issued against an internet intermediary?

The relevant statement is determined to be a false statement of fact. Signup and view all the answers

Which of the following entities may not be protected by a protection order?

Individuals providing network access facilities. Signup and view all the answers

What type of order may a court issue to require an individual to publish a correction notice?

CO Signup and view all the answers

What must the court be satisfied of to issue a SPO?

The statement is a false statement of fact. Signup and view all the answers

What does a disabling order specifically enable the court to require of the respondent?

To disable access by end-users to the internet intermediary service. Signup and view all the answers

Which of the following does not affirmatively need to be demonstrated for a correction order?

The statement caused material harm. Signup and view all the answers

In which year did the Protection from Harassment regulations regarding internet intermediaries come into effect?

2020 Signup and view all the answers

What standard of proof is required for the court to find that a statement is false?

Balance of probabilities. Signup and view all the answers

What type of material can a disabling order affect?

Digital content published via internet intermediary services. Signup and view all the answers

Study Notes

Protection from Harassment Act (POHA)

Exempt Persons Order 2014: Courts cannot make protection orders against people who are not the originators of offensive communications or who only facilitate their transmission.
Protection from Harassment (Prescribed Internet Intermediaries and Others) Regulations 2020:
- Disabling orders may require internet intermediaries to disable access to end-users of their services.
- Targeted correction orders may require the respondent (internet intermediary) to make a correction notice available within a specified time.
- General correction orders may order the respondent to publish a general correction notice in a specified time.

Section 3 POHA: Intentional Harassment

Intentionally causing harassment, alarm, or distress: An individual or entity cannot cause another person harassment, alarm or distress by using threatening, abusive, or insulting words or behavior, making threatening, abusive or insulting communications, or publishing the target person's identity information (or information about a related person).
Fine and Imprisonment: This is a possible offense for the above conduct, with potential fines up to $5,000 and/ or up to 6 months in prison.

Section 4 POHA: Harassment, Alarm or Distress

Unacceptable conduct: Individuals must not engage in conduct that is likely to cause harassment, alarm or distress, using threatening, abusive or insulting words or behaviors, or making threatening, abusive, or insulting communications.
Reasonableness Defence: The defense of acting reasonably can be used by the accused to justify their actions..

Section 5 POHA: Fear, Provocation, or Facilitation of Violence

Fear, provocation or facilitation of violence: Individuals must not engage in conduct that could cause another person to fear violence or facilitate violence against themselves or others.
Illustrations: Examples include, but are not limited to, posting threats against someone online, or posting their home address along with a message calling on others to attack them, or making threats of violence against a person and urging others to "hunt him down.”

Offences related to public servants: Individuals cannot engage in actions that cause distress to public servants, including publishing posts with abusive remarks and providing their personal information.

Section 11 POHA: Action for Statutory Tort

Civil proceedings: Victims of harassment under sections 3, 4, 5, or 7 can potentially bring civil proceedings against the perpetrator (defendant).
Court-awarded damages: Courts may award damages to victims if they are satisfied that the respondent has violated the law..

Section 12 POHA: Protection Order

Protection order Application: Victims under sections 3 to 7 can apply to court for protection orders.
Court-granted protection order: Courts can grant a protection order if they are satisfied that the respondent has violated the relevant sections.

Types of Orders

Stop publication order: This order mandates a cessation of publishing a false statement of fact.
Correction order: Requires publication of a correction of a false statement.
Disabling order: This order can mandate the disabling of online access to a perpetrator.
Targeted correction order: Specific corrections related to a particular statement or event.
General correction order: For broader corrections on an issue.

Section 15A: Stop Publication Order

Criteria: A stop publication order requires proof that a published statement is false and that it is just and equitable to issue the order, even if the respondent is unaware of the falsity.
Scope: The order can compel the respondent to stop publishing the statement or similar statements.

Section 15B: Correction Order

Criteria: A correction order, like a stop publication order, mandates publication of a correction to a false statement of fact and requires that it is just and equitable to mandate it.
Scope: It can mandate the respondent to produce a correction statement.

Section 15C: Disabling Order

Criteria: This order targets internet intermediaries by requiring them to block access to false statements of fact.
Scope: The order is aimed at prohibiting further publication of a false statement through an internet intermediary's services.

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Description

Explore the key components of the Protection from Harassment Act (POHA), including the Exempt Persons Order and various regulations related to internet intermediaries. This quiz focuses on intentional harassment and the legal obligations it entails.