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What to note before initiating any actions

If the victim is a minor (i.e. below the age of 21 years), the application must be made by the minor's litigation representative, who should be the parent or legal guardian and must in turn act by a solicitor. A written consent to be litigation representative of the minor, and a certificate by the solicitor under the Rules of Court, would need to be filed.

If you require legal assistance or advice, please refer to the Community Justice Centre - HELP Services (CJC).

List of civil remedies

Final orderCorresponding interim order
Protection Orders

Protection Order (PO)

A PO is a court order made under section 12 of the POHA against a harasser to stop harassing/stalking the victim and/or remove any publication that is the cause of harassment.

Expedited Protection Order (EPO)

An EPO has the same effect as a PO, but is granted under section 13 of the POHA where the circumstances require an urgent intervention. Certain conditions need to be fulfilled before the Judge will grant an EPO. An EPO is a temporary order that will automatically expire after 28 days or on the first day of the PO hearing, whichever is earlier, unless it is extended by the Court on the application by the victim or any person to whom the protection order applies.

Orders relating to false statements of fact

Stop publication order (SPO)

An SPO is a court order made under section 15A of the POHA against an individual or entity to stop publishing a false statement, or any substantially similar statement, within a specified time.


Interim stop publication order (ISPO)

An ISPO has the same effect as an SPO, but is granted under section 16A of the POHA where the publication of the false statement has caused or is likely to cause harm to the applicant, and it is just and equitable for an ISPO to be made on an expedited basis. An ISPO is a temporary order that remains in effect only until it expires or is cancelled by the court.

Interim notification order (INO)

An INO may be applied for concurrently with a CO, and is granted under section 16B of the POHA where the publication of the false statement has caused or is likely to cause harm to the applicant, and it is just and equitable for an INO to be made. An INO requires an individual or entity who has published a false statement of fact to publish a notification that there is a pending application for a CO or an SPO in respect of the aforementioned statement. An INO is a temporary order that remains in effect only until it expires or is cancelled by the court.

Correction order (CO)

A CO is a court order made under section 15B of the POHA against an individual or entity who has published a false statement of fact to publish a statement that the court has determined the aforementioned statement to be false and correcting the false statement.

Disabling order (DO)

A DO is a court order made under section 15C of the POHA against an internet intermediary whose service has been used to publish a false statement of fact to disable user access to the false statement or copies thereof.

Interim disabling order (IDO)

An IDO has the same effect as a DO, but is granted under section 16AA of the POHA where the publication of the false statement has caused or is likely to cause harm to the applicant, and it is just and equitable for an IDO to be made on an expedited basis. An IDO is a temporary order that remains in effect only until it expires or is cancelled by the court.

Targeted correction order (TCO)

A TCO is a court order made under section 15D of the POHA against an internet intermediary whose service has been used to publish a false statement of fact. The TCO directs the internet intermediary to publish a statement to all users who accessed the aforementioned statement or copies thereof that the court has determined the aforementioned statement to be false and correcting the false statement.

Targeted interim notification order (TINO)

A TINO may be applied for concurrently with a TCO, and is granted under section 16BA of the POHA where the publication of the false statement has caused or is likely to cause harm to the applicant, and it is just and equitable for a TINO to be made. A TINO requires an internet intermediary whose service has been used to publish a false statement of fact to publish a notification to all users who accessed the aforementioned statement or copies thereof that there is a pending application for a TCO in respect of the aforementioned statement. An TINO is a temporary order that remains in effect only until it expires or is cancelled by the court.

General correction order (GCO)

A GCO is a court order made under section 15E of the POHA against certain prescribed individuals or entities who have published or whose service has been used to publish a false statement of fact. The GCO directs the prescribed individual or entity to publish a statement to all of its users, or a specified class of users, that the court has determined the aforementioned statement to be false and correcting the false statement.

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Monetary Compensation

Damages

Commencing civil proceedings against the harasser to order him/her to financially compensate the victim in respect of his/her harassment towards the victim.

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Last updated on: 3/4/2020 4:43 PM

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