Sexual Harassment in the Workplace

Singapore has robust anti-harassment laws. Although sexual harassment is not specifically mentioned, the Protection from Harassment Act (POHA) 2014 includes any form of sexual harassment.

Sexual harassment in the workplace often involves power play between more senior and subordinate employees. It can take on many forms – from very subtle advances to blatant sexual harassment.

Besides the protection in the POHA, there are specific responsibilities on employers under the Employment Act to provide a safe working environment for all employees.

This article will discuss the Protection from Harassment Act, how sexual harassment is defined, and the different types under the Act. We’ll touch on the employer’s responsibilities, the criminal offence of sexual harassment, and possible penalties if convicted. Also, we’ll look at remedies available to victims of sexual harassment in the workplace, and the steps to take if you find yourself to a victim of sexual harassment in the workplace.

What is sexual harassment?

The POHA stipulates that no individual may cause another person harassment, alarm, or distress by:

  • using any threatening, abusive or insulting words or behaviour; or
  • making any threatening, abusive or insulting communication; or
  • publishing any identity information of the target person or a related person of the target person.

If the words, behaviour, communication, or publication causes the victim harassment, alarm or distress or is likely to cause such a reaction, the person can be guilty of an offence.

This definition includes words, behaviour, communication, or publication that amounts to sexual harassment.

The Act gives a few examples:

  • X and Y are coworkers. At the workplace, X loudly and graphically describes to coworker Z, their desire for a sexual relationship with Y in an insulting manner. X knows that Y is within earshot and intends to cause Y distress. Y is distressed. X is guilty of an offence under this section.
  • X and Y were formerly in a relationship which has since ended. X writes a post on a social media platform making abusive and insulting remarks about Y’s alleged sexual promiscuity. In a subsequent post, X includes Y’s photographs and personal mobile number, intending to cause Y harassment by facilitating the identification or contacting of Y by others. Y did not see the posts but receives and is harassed by telephone calls and SMS messages from strangers (who have read the posts) propositioning Y for sex. X is guilty of an offence on each post.
  • X and Y are classmates. X posts a vulgar tirade against Y on a website accessible to all their classmates. One of Y’s classmates shows the message on the website to Y, and Y is distressed. X is guilty of an offence under this section.

From the definition and examples, we can see that sexual harassment can take on many forms. It is not confined to what happens on the actual work premises; it could also occur at work functions or client premises.

Threatening, abusive or insulting words – verbal harassment

Verbal harassment includes lewd comments, inappropriate suggestions or proposals of sexual favours, sexual jokes or any other sexually explicit utterance that is inappropriate, unwelcome, and causes the victim distress or alarm.

Threatening, abusive or insulting behaviour – physical harassment

Physical, sexual harassment includes any deliberate inappropriate or unwelcome physical contact of a sexual nature. It could be hugging, touching, patting, kissing, sexual assault, or rape. It could also include stalking the victim.

Sexual harassment can also amount to an outrage of modesty under the Penal Code.

Threatening, abusive or insulting communication or publication

Digital harassment on social media platforms is becoming more common. It includes posting insulting and inappropriate sexual comments or remarks, photos, etc., on social media.

It can also include notes, emails, and letters with inappropriate sexual content that is likely to cause distress or alarm.

What are the employers’ responsibilities regarding sexual harassment in the workplace?

The POHA does not impose any direct duties on employers. However, employment laws impose a legal obligation on all employers to provide a safe working environment for employees. This duty includes taking reasonable steps to protect employees against sexual harassment at the workplace.

The Tripartite Advisory on Managing Workplace Harassment sets out practical guidance for employers. To comply with their duties, employers should put anti-harassment policies and procedures in place for reporting and managing sexual harassment complaints.

What is the offence of sexual harassment?

Regardless of where the harassment occurred, section 3 of the Act states that anyone who intentionally causes another harassment, alarm, or distress by using threatening, abusive or insulting words or behaviour or communication or publishes any identifying information of the target person is guilty of an offence.

Section 4 of the Act makes behaviour or communication that is likely to cause the victim harassment, alarm, or distress an offence.

What is the penalty for sexual harassment?

  • A person convicted under section 3 (intentionally causing) can be punished with a maximum fine of S$5,000, or imprisonment up to 6 months, or both.

If the person is a repeat offender, the penalty can be a maximum fine of S$10,000, imprisonment not exceeding 12 months, or both.

  • A person convicted under section 4 (likely to cause) can be punished with a maximum fine of S$5,000.

If the person is a repeat offender, the penalty can be a maximum fine of S$10,000, or imprisonment not exceeding 6 months, or both.

Victim remedies for sexual harassment in the workplace

Although the perpetrator can be convicted of an offence and punished with a fine or even imprisonment, these penalties do not compensate the victim. However, the Act does provide civil action for compensation.

Civil action for monetary compensation

Section 11 of the POHA states that any victim of sexual harassment under section 3 or 4 may bring civil proceedings against the perpetrator and claim monetary compensation.

If the court is satisfied on a balance of probabilities that the perpetrator is guilty of a section 3 or 4 offence, the court can award damages to the victim to the extent the court thinks is just and equitable.

Protection orders

Section 12 of the Act provides that victims of sexual harassment can apply for a protection order against the perpetrator.

If the court is satisfied on a balance of probabilities that:

  1. the perpetrator is guilty of a section 3 or 4 offence; and
  2. the perpetrator is likely to continue with the harassment.

The court may grant a protection order against the perpetrator if the court thinks it is just and equitable to do so.

A protection order may involve:

  1. Prohibiting the perpetrator from continuing with the harassing behaviour.
  2. If the behaviour involves communication or publication, the perpetrator will be required to stop publishing the communication or any similar communication.
  3. The court may also refer the perpetrator to attend counselling or mediation. The court may also refer the victim to counselling.

If the communication or publishing involves a third party, the court may order the third party to stop publishing the offending communication or disable access by end-users to the offending communication.

What to do if you are sexually harassed at work?

As we can see, Singapore laws aim to protect employees from any form of harassment in the workplace. If you are the victim of sexual harassment, you should take immediate action to protect yourself and your rights.

Approach your employer

If your employer has proper anti-harassment procedures in place, you can start by reporting the harassment to the reporting officer and following the employer’s grievance procedures. Your employer should then initiate a proper investigation and assist you with filing a police or magistrate’s report where appropriate.

Approach the TAFEP

You can also report your case to the Tripartite Alliance for Fair and Progressive Employment Practices. This is often useful in cases where meeting the requirements for a criminal sanction under the Act or a civil lawsuit is difficult.

The TAFEP will engage with you and your employer to deal with the current situation, and prevent further harassment.

Approach the court

Victims can file a Magistrate’s Complaint. This can lead to either mediation in less severe cases, or criminal proceedings against the perpetrator.

You can file for a protection order, as explained above. Breach of a protection order can lead to more penalties.

For personal compensation, the victim can file a civil lawsuit.

Seek legal advice

Often, sexual harassment follows a pattern, and dealing with it inside the workplace can be tricky. In some cases, the employer is the perpetrator, making it very difficult for the victim to take action.

If you feel that you are being sexually harassed at your workplace, you should seek legal advice to understand your rights and decide on the appropriate remedy for your case.

An experienced employment lawyer can explain the different options and differences between criminal remedies under the POHA, and civil remedies to claim monetary compensation or protection from further harassment.

If you are facing a claim of sexual harassment against you, you need legal assistance as soon as possible. The penalties can be severe and costly, both on a professional and a personal level.

An experienced lawyer can navigate the law and guide you towards the best outcome for your case.

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Outrage of Modesty – Molestation

Outrage of modesty is a serious crime in Singapore, and conviction can lead offenders up to three years in prison, a fine, or caning, or any combination of the three options. The penalties can be even higher if the victim is a minor or the accused is a repeat offender.

Yet, outrage of modesty remains a crime of concern, and according to the police crime statistics for mid-2023, the number of cases increased compared to the same period the previous year.

Most cases occurred in residential premises, public transport areas, and nightspots.

This article will discuss the crime of outrage of modesty. We will look at section 354 of the Penal Code, the punishment if convicted, and what the court considers aggravating circumstances when imposing a sentence.

What is outrage of modesty?

In simple terms, outrage of modesty refers to conduct that is considered offensive and violates someone’s dignity in a sexual manner. It is also loosely referred to as “molestation”.

Although most reported cases involve male perpetrators, females can also be convicted of an outrage of modesty against a male person. It is a gender-neutral offence regardless of the gender of the perpetrator or victim.

Section 354 of the Penal Code

Section 354 describes outrage of modesty as an assault or use of criminal force to a person with intent to outrage or knowing that it would likely outrage the modesty of that person.

The description is not very specific and allows the court to assess each case on its own merits.

What factors will the court consider when deciding if a person’s modesty was outraged?

The Penal Code does not define modesty, and the courts will consider a wide range of factors to assess if the action would outrage the victim’s modesty. The court also considers the circumstances and society’s values at the time.

Factors will depend on the circumstances of each case and could include the following:

  • The victim’s religion or cultural beliefs.
  • The victim’s race.
  • The victim’s age.

Elements of the crime of outrage of modesty

Assault or criminal use of force

To be convicted of outrage of modesty, there must be an assault or use of criminal force.

Assault is defined as follows:

A person is said to commit an assault if “the person makes any gesture or any preparation, intending or knowing it to be likely that such gesture or preparation will cause any person present to understand that he who makes that gesture or preparation is about to use criminal force to that person”.

You cannot be guilty of outrage of modesty by merely staring at someone.

You can, however, be guilty of attempting to commit outrage of modesty. Section 511 of the Penal Code provides that anyone can be guilty of attempting to commit a criminal offence if the person takes substantial steps to commit the crime but, for some reason, fails to commit the actual offence.

Suppose a man follows a woman into the female changing rooms at the gym, hoping to touch her inappropriately. As he approaches her, her friend enters and shouts at him.

He could be convicted of attempted outrage of modesty, even though there was no actual assault or use of force yet.

Intention

The Penal Code requires that there must be an intention to outrage modesty or at least knowledge that the action would cause an outrage of modesty.

The Penal Code defines acting “intentionally” as acting deliberately, i.e. the person acts with the purpose of causing outrage of modesty or knowing that outrage of modesty would undoubtedly happen if they proceed with their planned action.

It should be noted that outrage of modesty will not occur if the victim consents to the behaviour. Suppose a couple sensually touches each other and consents to the behaviour. In that case, it will not constitute an outrage of modesty. Likewise, if a doctor examines a patient or a fitness instructor corrects an athlete with their consent, it cannot be an outrage of modesty.

So, to be convicted of outrage of modesty, four elements must be established.

  1. The outrage of modesty.
  2. Assault or use of criminal force.
  3. Lack of consent.

Examples of outrage of modesty

Since the Penal Code definition is unclear and non-specific, it might be easier to explain outrage of modesty through examples.

  • A man repeatedly touches a woman’s thigh whilst she is sleeping next to him on the train.
  • A driving instructor puts his hand on a female student’s leg during a lesson.
  • A man touches a young boy’s buttocks in the queue at a fast-food chain.
  • A tutor rubs her thigh against her student several times.
  • An executive molests a co-worker in the lift.
  • An employer exposes himself to the domestic worker regularly.

Penalties for outrage of modesty

Section 354 prescribes punishment to a maximum term of 3 years imprisonment, or a fine, or caning, or any combination of the three options. There is no minimum, and the penalty will depend on the circumstances of the case.

Firstly, the court will apply the general sentencing principles and consider factors such as:

The offence itself

  • How was the offence committed?
  • The severity of the offence – where on the body was the person touched, how was the person touched, how long did it last?
  • Was it planned?
  • The extent of the force used.
  • The degree of sexual exploitation of the victim.
  • The harm to the victim – physically and psychologically.

Are there any aggravating factors?

  • The offender has previous convictions.
  • Not showing remorse.
  • Multiple charges against the offender.
  • Refusing to cooperate with the police.

Are there any mitigating factors?

  • The offender is showing remorse.
  • Admission of guilt and pleading guilty.
  • The offender suffers from mental or intellectual disability.
  • The offender is very young.

After considering the above, the court will consider the framework formulated in Kunasekaran s/o Kalimuthu Somasundara v Public Prosecutor [2018] 4 SLR 580.

This framework consists of 3 sentencing bands.

  • Band 1 applies to less severe cases, with no more than one aggravating factor.
  • Band 2 applies when there are two or more aggravating factors.
  • Band 3 applies when there are three or more aggravating factors, and the circumstances call for a more severe sentence.

More severe penalties under the Penal Code

Some instances of outrage of modesty carry a more severe penalty under the Penal Code.

Outrage of modesty against a person younger than 14 years old

Section 354(2) provides that if the offence is committed against a person below 14 years old, the penalty is imprisonment for a term which may extend to 5 years, or with a fine, or with caning, or with any combination of such punishments.

Outrage of modesty against a domestic helper

Section 73 of the Penal Code provides that when an employer of a domestic worker, a member of the employer’s household, or an employment agent is convicted of an offence under the Penal Code against that domestic worker, the court may sentence the convicted person to twice the maximum punishment for that offence.

This means that for outrage of modesty against a domestic worker, the court can impose a maximum of six years imprisonment, a fine, caning, or any combination of the three.

Causing death, hurt or wrongful restraint or fear of instant death, hurt or wrongful constraint

Section 354A provides that if the victim died, or if a person attempts to cause death, or hurt or wrongfully constraints a person to commit outrage of modesty, the penalty is a minimum term of imprisonment of 2 years and up to 10 years, and caning. The same applies if the person causes the fear of instant death, instant hurt, or instant wrongful restraint.

  • If the victim in sec 354A case is younger than 14 years, the punishment is imprisonment for not less than three years and not more than ten years, and with caning.
  • The same punishment applies if the outrage is committed in a lift in any building.

Outrage of modesty is an arrestable offence

The police can arrest a person suspected of outrage of modesty without a warrant. Depending on the circumstances, it is up to the police or the court to decide if the accused is released on bail.

If it is a less severe case of outrage of modesty, the accused can choose between bail and being released on a personal bond.

Seek legal advice

Whatever the circumstances, you should seek legal advice as soon as possible. Being convicted of outrage of modesty is serious. Penalties can be severe, and your criminal record cannot be treated as “spent”. However, there are circumstances where the Commissioner of Police has the discretion not to register a criminal record.

An experienced lawyer can help you navigate the best possible outcome for your circumstances.

A Guide to Criminal Breach of Trust

In October 2023, the Singapore High Court dealt with an appeal against sentence in a matter where a priest of the Sri Mariamman Temple pleaded guilty and was convicted on two charges of criminal breach of trust (CBT) relating to the pawning of gold jewellery belonging to the temple. Between 2016 and 2020, the appellant pawned 66 items of the temple’s gold jewellery at various pawnshops on 172 occasions. The temple suffered no loss since all the pieces were returned, but the priest obtained pawn proceeds totalling S$2,328,760.

The appellant was sentenced to a total of five years and 12 months imprisonment (consecutively – this means one sentence runs after the other) by the District Judge (there were other charges and factors considered for sentencing).

The High Court dismissed the appeal against the sentence.

This case was one of many CBT cases the legal system had to deal with last year.

In another case, a director at four firms was accused of misappropriating more than S$2.3 million and charged with criminal breach of trust. He was allegedly handed large sums of money to construct a house. However, construction was not completed, and the funds were never returned.

In May last year, the police arrested a 26-year-old man for allegedly misappropriating money and stealing luxury watches valued at about S$1.6 million. The man was a luxury watch salesman who received large sums of money from victims to purchase watches but then misappropriated the money.

If convicted, the offence of criminal breach of trust by an employee carries a penalty of up to 15 years in prison and a fine.

Even though we have many arrests for criminal breach of trust, it remains a complex and vague concept for ordinary citizens. What exactly is a criminal breach of trust?

This article will discuss how the Penal Code defines criminal breach of trust. We look at what the prosecution must prove to obtain a conviction and the penalties if convicted. We will also touch on factors the court will consider when sentencing after a CBT conviction.

What is criminal breach of trust?

In simple terms, CBT happens when an individual entrusted with property or funds uses that property or funds for personal advantage. So, we are talking about “entrustment” and “misappropriation” – by misappropriating the entrusted goods, the person breaches the trust.

The Penal Code makes such a breach of trust a criminal offence.

Section 405 of the Penal Code explains when CBT is committed as follows:

A person who has been entrusted with property or who has dominion (control) over property and;

  • who then dishonestly misappropriates the property; or
  • converts the property for their own use; or
  • dishonestly uses or disposes of such property in violation of any express or implied contract or law prescribing the mode in which such trust should be discharged; or
  • intentionally allows any other person to do so.

The Penal Code gives us a few examples to illustrate and simplify criminal breach of trust.

Example 1: The executor of a deceased person’s will dishonestly disobeys the law and his fiduciary duty, which says he must distribute the assets according to the will. Instead, he appropriates the assets for his own use.

Example 2: Z entrusts his furniture to A, a warehouse owner or operator, for safekeeping whilst Z goes on a long journey. The contract states that Z will pay A the stipulated sum for safe storage fees on his return. A dishonestly sells the furniture whilst Z is away. A committed criminal breach of trust.

As with the priest in the temple, both examples illustrate:

  • entrustment of goods; and
  • dishonest misappropriation or conversion of goods for own use; or
  • disposal of goods in violation of a contract or the law.

What must the prosecution prove for a conviction on criminal breach of trust?

Entrustment

The first element that needs to be established is a relationship of trust or entrustment. This trust could arise from a legal contract or a fiduciary relationship, meaning the person did not receive the property or funds for their use. They were given control over the goods for a specific reason expressed or implied in a contract or the law.

In our temple case mentioned above, the temple’s management entrusted the priest with the keys and combination codes to the safe that contained the jewellery pieces. The jewellery was meant to adorn the Hindu deities during special events or prayers – not for the priest’s own use.

Intention to act dishonestly

The Penal Code requires dishonesty as an element of criminal breach of trust, meaning the prosecution must establish that the person acted with the intent to be dishonest.

Acting with intent means a person acts deliberately. So, the person is deliberately dishonest.

Section 24 of the Penal Code defines “dishonesty” as follows:

A person (A) is said to do an act dishonestly if –

  1. A does that act with the intention of causing wrongful gain to Aor another person, or wrongful loss to another person, regardless of whether such gain or loss is temporary or permanent; or
  2. That act done by is dishonest by the ordinary standard of reasonable and honest persons, andknows that that act is dishonest by such standards.

This definition implies that a person will not be guilty of CBT if the person acted negligently or made an honest mistake.

Including “the ordinary standard of reasonable and honest persons and A knows that that act is dishonest by such standards” in the definition means that dishonesty can also be inferred from the circumstances – it need not be directly proven.

Misappropriation or conversion

Most CBT cases involve misappropriation, but one act can be either. What needs to be proved is the accused misused someone else’s property, or the power given over the property in a way that violated the terms of the trust.

Misappropriation often involves money entrusted for a specific purpose, which is then used for someone’s own benefit. For example, is a government clerk and receives public funds to pay into a particular treasury that holds all the public money. A takes the money for personal use instead.

Conversion involves using the entrusted property as if it were your own. For example, B is a rental agent. A client entrusted B with his apartment to rent out. Instead, B runs a business from the property and pockets the money for himself.

Intentionally allow someone else to use or dispose of entrusted property

Even if you didn’t misuse the property or funds yourself, you can be guilty of CBT if you intentionally allow a friend to misappropriate or use the entrusted goods in violation of the trust.

Penalties for criminal breach of trust

Section 406 of the Penal Code stipulates that a person convicted of CBT shall be sentenced to imprisonment up to seven years, or a fine, or both.

The Penal Code stipulates higher penalties for specific categories of CBT, called aggravated CBT. These include the following:

  • Sec 407 – Criminal breach of trust of property entrusted for transportation or storage purposes

If you are entrusted with property for transportation for hire or storage for rent or charge and you commit a criminal breach of trust regarding such property, the penalty can be imprisonment of up to 15 years and a fine.

  • Sec 408 – Criminal breach of trust by employees

If you are entrusted in your capacity as an employee with property or with control over property, and you commit CBT concerning that property, the punishment can be imprisonment of up to 15 years and a fine.

Note that the Penal Code stipulates a person may be an employee or engaged in such capacity even though the person does not receive a salary or other remuneration.

  • Sec 409 – Criminal breach of trust by public servants, bankers, merchants, agents, directors, officers, partners, key executives, or fiduciary

This section includes all persons entrusted with property in their professional capacity as a fiduciary.

Anyone entrusted with property in their particular capacity or position who commits a criminal breach of trust can be punished with imprisonment of up to 20 years and a fine.

The more severe penalties in sections 407 to 409 are meant to deter people in positions of trust from misappropriating entrusted goods or funds.

Factors when imposing a sentence for CBT

The court will take several factors into account, including the following:

(1) The amount misappropriated as an indicator of the harm suffered.

(2) The offender’s gain, if any.

(3) Are there any aggravating factors? E.g.

  • What was the degree of trust bestowed on the accused, and what was the offender’s position? In the temple case, for example, the priest was held in a high degree of trust as the chief priest.
  • How did the breach of trust impact the victim or the general public? For example, the priest’s conduct led to a loss of trust and confidence in the temple’s management.
  • The duration of the offence, e.g., the priest committed various acts of CBT between 2016 and 2020.

(4) Are there any mitigating factors? E.g.

  • Did the offender offer any restitution to the victim? For example, in the temple case, the offender made full restitution.
  • Remorse and other personal circumstances.
  • The accused’s motivation.
  • Cooperation with the police.

What to do if you are suspected of criminal breach of trust

In Singapore, the police can arrest you without a warrant if they reasonably suspect you committed a criminal breach of trust.

If you face a CBT charge, you should contact a criminal lawyer as soon as possible. Once arrested, the police or the court will decide if you will be released on bail. A criminal lawyer can assist in getting you out on bail and prepare your case.

CBT is a serious offence. If you are convicted, you will have a criminal record. However, depending on your sentence and whether you have other criminal convictions or previously spent records, you may be able to have your record wiped clean.

An experienced criminal lawyer will assist with your case and help you prepare a good strategy to achieve the best outcome for your circumstances.

Jessica Chow and Charlene Nah – Rising Stars 2023 by Asian Legal Business

We extend our heartfelt congratulations to our family lawyers, Jessica Chow and Charlene Nah, for their well-deserved recognition as Singapore Rising Stars 2023 by Asian Legal Business.

Inclusion in the prestigious ALB Singapore Rising Stars 2023 list is a testament to their exceptional contributions and dedication to delivering high-quality legal services. This exclusive acknowledgment is reserved for lawyers under the age of 40 who consistently demonstrate excellence in their field, garnering praise from peers, superiors, and clients alike.

Within the realm of family and divorce law, both Jessica and Charlene have proven themselves as leading family and divorce lawyers.

Jessica Chow stands out for her unique blend of compassion and strategic acumen. Colleagues and clients alike commend her for guiding individuals through challenging situations with a compassionate approach while simultaneously devising strategic solutions. Her commitment to fostering amicable resolutions is a hallmark of her practice.

Charlene Nah recently achieved a significant milestone by winning a high-profile case that gained extensive coverage in the Straits Times. The headline, “Man Went All Out to Hide Over $3 Million from the Ex-Wife” underscores the complexity and significance of her work. Beyond her prowess in family law, Charlene’s expertise extends to trust advisory matters, wills, and probate, and succession planning.

We applaud their achievements and look forward to witnessing their continued success and impact in the legal profession.

Corporate & Commercial

Our experienced team of corporate and commercial lawyers are dedicated to providing tailored legal solutions to meet the needs of your business. Whether you are a startup, small business, or a multinational corporation, we are committed to delivering exceptional legal support to help you navigate the complex landscape of corporate regulations in Singapore. We provide corporate and commercial services across a wide range of areas including, but not limited to:

Corporate Governance

Maintaining effective corporate governance is crucial for the success and sustainability of any business. Our corporate law experts can assist you in structuring and implementing governance frameworks that comply with Singaporean regulations and international best practices.

Commercial Contracts

Drafting, reviewing, and negotiating a wide range of commercial contracts, including but not limited to:

  • Partnership Agreements
  • Supply Agreements
  • Distribution Agreements
  • Franchise Agreements
  • Joint Venture Agreements

Our goal is to protect your interests and ensure that your contracts are clear, enforceable, and aligned with your business objectives.

Mergers and Acquisitions

Our team has extensive experience in handling M&A transactions, providing comprehensive due diligence, negotiating terms, and facilitating smooth transitions.

Employment Law

From drafting employment contracts to advising on workplace policies and dispute resolution, we offer a full spectrum of employment law services to help you manage your workforce effectively and in compliance with Singaporean labor laws.

Regulatory Compliance

Staying compliant with ever-evolving regulations is paramount. Our corporate lawyers stay abreast of the latest legal developments to help your business navigate complex regulatory landscapes, reducing the risk of legal issues and ensuring business continuity.

Criminal Defense

Facing criminal charges demands a legal ally who understands the intricacies of the Singaporean legal system. Our team of seasoned criminal defense lawyers are dedicated to providing relentless advocacy and personalised legal strategies tailored to your unique situation.

We provide support across a number of areas, including:

  • Theft
  • Drunk Driving
  • Causing Hurt
  • Shoplifting
  • Reckless or Dangerous Driving
  • Forgery
  • Misuse of Drugs
  • Cheating
  • Rash Driving
  • Criminal Breach of Trust
  • Outrage of Modesty
  • Immigration Offences

Bankruptcy

Navigating financial challenges can be a daunting task, and when faced with overwhelming debt, seeking the guidance of an experienced bankruptcy lawyer is crucial. Our team of skilled and dedicated bankruptcy lawyers in Singapore are here to provide you with comprehensive legal support and tailored solutions to help you overcome financial difficulties. We provide services including, but not limited to:

Personal Bankruptcy Consultation: Embark on your journey to financial recovery with a personalised consultation. We assess your circumstances, share insights into the bankruptcy process, and discuss viable alternatives, empowering you to make informed decisions about your financial future.

Corporate Bankruptcy Representation: For businesses facing insolvency or financial distress, our seasoned bankruptcy lawyers offer strategic guidance and representation. Whether it’s debt restructuring, liquidation, or other alternatives, we work closely with you to develop a customised plan aligned with your business goals.

Debt Restructuring and Negotiation: Navigate the complexities of debt restructuring with our expertise. Our team excels in negotiating with creditors, crafting manageable repayment plans, and reducing financial burdens, allowing you to regain control of your economic well-being.

Bankruptcy Filing and Proceedings: If bankruptcy is the most suitable option, our dedicated team will guide you through the filing process and represent your interests in court proceedings. We ensure compliance with Singapore’s bankruptcy laws, protecting your rights and assets throughout the legal journey.

Creditor Representation: Beyond assisting debtors, we represent creditors in bankruptcy cases, facilitating the efficient recovery of outstanding debts while adhering to all legal requirements.

Why choose us? Our team possesses extensive knowledge of Singapore’s bankruptcy laws and regulations. We approach each case with a personalised touch, tailoring solutions to your specific needs and goals. Our dedication to client success ensures that we go above and beyond in every case, striving for the best possible outcome.

If you are facing financial challenges or considering bankruptcy, contact us today for a confidential consultation. Let our experienced bankruptcy lawyers guide you towards a brighter financial future.

Defamation and Slander in Singapore

In Singapore, we differentiate between libel and slander when discussing defamation.

Libel concerns written or published defamatory statements, including emails, blogs, print media, and even images and cartoons.

Slander involves spoken words.

Whilst Singapore recognises the right to free speech, there are certain exceptions to protect the reputation of people and businesses.

The introduction of the internet, social media, and other online platforms meant that traditional defamation laws had to be adapted to address new challenges. The definition of “publication”, for example, had to be revised. The courts have recognised that “sharing” a post on social media can amount to publication. If the post contains false statements that could harm someone’s reputation, and you share the post, even if you didn’t create it, you can be liable for defamation.

In this article, we will discuss defamation and slander in Singapore and look at the legal framework that governs defamation and slander. We will also discuss what you need to prove to succeed with a defamation claim, look at available defences against a defamation claim, and the types of damages you could claim if successful.

When is a statement considered defamatory?

A statement is defamatory if it harms an individual’s reputation or lowers their standing in the eyes of a reasonable person. It can take place in many ways, for example:

  • In print.
  • On social media.
  • On broadcast media.
  • In visuals, images.
  • In verbal conversation or utterances.

When talking about defamation, we can speak about libel or slander.

Criminal and civil defamation

In Singapore, you can have a civil or criminal claim for defamation. Criminal claims are governed by section 499 of the Penal Code, and civil actions fall under the Defamation Act of 1957.

Civil defamation

Civil law concerns the relationships and duties between individuals. Under the Defamation Act, a person can claim defamation even if the other person did not intend to defame the complainant. If the statement harmed someone’s reputation or social standing, they could file a defamation claim.

A civil claim is available whether it was written (libel) or spoken(slander) defamation.

The elements of a successful civil defamation claim

To be successful in your defamation claim, you need to prove the following:

  • The statement is defamatory, i.e. it harms your reputation or lowers your standing in the minds of society’s reasonable or right-thinking members.
  • You, the victim, must be identifiable.

Suppose you rely on a cartoon, for example, as a basis for your claim. In that case, you must be identifiable to succeed in your claim.

  • The statement must be communicated to a third party or otherwise published.
  • The statement is false.

Criminal action for defamation

In Singapore, you may institute criminal action against someone for defamation under the Penal Code.

Section 499 of the Penal Code states the following:

“Whoever, by words either spoken or intended to be read, or by signs, or by visible representations, makes or publishes any imputation concerning any person, intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person”.

The elements of a Section 499 defamation claim are:

  • The words must be spoken(slander) or written(libel).
  • The words must be “published”, i.e. other people must see or hear it.
  • There must be an intention to harm the person’s reputation.
  • The person must be identified.

The Penal Code provides for some exceptions. You will not succeed with a defamation claim if the other party can prove, for example, that:

  • The statement is true, and it is for the public good that it should be made or published. The court will decide on all the circumstances if it is for the public good.
  • The statement is a good faith opinion based on facts regarding the public conduct of public servants.
  • It is not defamation to publish a substantially accurate report of the proceedings of a court of justice, or of Parliament, or the result of any such proceedings.
  • The same applies to good faith opinions regarding the merits of a case decided by a court or witness conduct.
  • The statement is a good faith opinion on the merits of a public performance, such as publishing a book, making a speech in public or performing on stage, and the author or performer submitted the performance to the public’s judgment.

Other defences against a defamation claim

Aside from the statutory exceptions in the Penal Code, there are other recognised defences against a defamation claim.

Justification

If you want to succeed with a justification defence, you must prove that the statement is true and based on facts.

Fair comment

A fair comment defence can succeed if you can prove that your comment is:

  • An expression of your opinion, i.e., you didn’t submit it as a statement of fact.
  • Based on true facts.
  • A matter of public interest.
  • Fair, i.e., based on all the facts, it is your honest and unbiased opinion.

If you had malicious intent, you cannot rely on fair comment as a defence.

Qualified privilege

Qualified privilege exists only in a situation where the person who made the statement has an interest or legal, social, or moral duty to communicate the information. The third party receiving the information has a corresponding duty to receive the information. For example, answering police inquiries or communication between employers and employees.

Such information or statements are protected by privilege, even if the statement is defamatory.

Public apology for unintentional defamation

Although not strictly speaking a defence, a party who innocently made a statement and didn’t intend any harm could avoid a lawsuit by offering a public apology.

Section 7 of the Defamation Act provides that:

“A person who has published words alleged to be defamatory of another person may, if he claims that the words were published by him innocently in relation to that other person, make an offer of amends.”

If the offer is accepted and duly performed, there shall be no proceedings for libel or slander.

If the offer is not accepted, it could be a defence in any proceedings against the person claiming innocence that the words were uttered or published innocently, and that the party made an offer of amends as soon as practicable after being notified that the statement might be defamatory.

What damages can you claim for defamation?

Defamation laws in Singapore aim to protect an individual’s reputation and provide compensation for damages caused by defamation. The court can award monetary damages, which may include general and aggravated damages.

Damages are awarded to grant some relief for the distress caused and to restore the person’s damaged reputation.

General damages

General damages are assessed based on several factors, including the nature and seriousness of the statements, their impact on the victim’s reputation, and the extent of the publication.

The wider the publication, the more damage is caused, and the greater damages can be awarded. The context and where the statement was published will also influence the amount of damages.

Aggravated damages

In some instances, the court will consider awarding aggravated damages. This usually depends on the conduct of the person who made the statement.

  • Did the person apologise, offer to apologise, or refuse to apologise?
  • Did the person repeat the statements?
  • Did the person have malicious intent, or was the statement made recklessly?

In the case of Prime Minister Lee Hsien Loong v Leong Sze Hian [2021] SGHC 66, the court awarded aggravated damages because a blogger shared a link to an article that made allegations of corruption against the prime minister. The court found that the blogger had complete reckless disregard for whether the allegations were true or not.

Other available remedies

Victims of defamation may seek injunctions. An injunction can be prohibitory (to stop future defamatory statements) or interlocutory (to retract existing statements).

Legal advice

If you find yourself in a situation where your reputation was harmed, or you are accused of libel or slander, you should seek legal advice immediately.

If you stand accused of defamation, an experienced lawyer can explain your options and help you determine whether you have a defence.

If you feel that your reputation was harmed, an experienced lawyer can assist in deciding whether you should proceed under the Defamation Act or the Penal Code, and what damages could be available to you. We can guide you through the steps to protect and restore your reputation and explore legal remedies.

To minimise the risk of further damage to your reputation, filing for an injunction might be the first step.

Defamation law can be complex and nuanced. Whether you stand accused, or are the victim, an experienced lawyer can make all the difference to the outcome of your case.

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