Gag order
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A gag order (or suppression order) is an order, sometimes a legal order by a court or government, other times a private order by an employer or other institution, restricting information or comment from being made public.
Gag orders are often used against participants involved in a lawsuit or criminal trial. They are also a tool to prevent media from publishing unwanted information on a particular topic. A Criminal Court, for instance, will issue a gag order on the media if the judge believes that potential jurors in a future trial will be influenced by the media reporting or speculation on the early stages of a case. Another example might be to ensure police are not impeded in their investigations by media publicity about a case.
In a similar manner, a gag law is intended to limit freedom of the press, as by instituting censorship or restricting access to information.
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[edit] Examples of gag orders
[edit] India
After the 2008 Mumbai attacks in which live streaming of the event was broadcast, the Indian government proposed a draft law that would gag media outlets broadcasting live pictures during a terrorist event or war, to ensure the safety of any hostages and to protect security operations from hindrance. This has been opposed by Indian media who argue that they have adopted 'self-regulation' during such events and refrain from doing so anyway. It is uncertain if the draft law will be passed or not.[1]
[edit] Malaysia
There was speculation that a gag order may be imposed by the MCA on their press statements before they are released to the public to "ensure maximum effectiveness". Such releases would have to be approved by the president. [2] These claims in the media were later denied. [3]
[edit] United States
A National Security Letter, an administrative subpoena used by the FBI, has an attached gag order which restricts the recipient from ever saying anything about being served with one. In the United States, a court can only order parties to a case not to comment on it; a court has no authority to stop unrelated reporters from reporting on a case. Most statutes which restrict what may be reported have generally been found unconstitutional and void. However, the gag provisions of the WIPO Copyright and Performances and Phonograms Treaties Implementation Act have been upheld.
The trials of Guantanamo Bay suspects have also been subjected to a gag order, which has hindered public scrutiny.[4]
[edit] United Kingdom
A gag order has been used to protect 'national security'. In the Allan Chappelow case, the trial was held mostly in camera and media were prevented from speculating on the case. The order was imposed after a "compelling case" made by prosecutors, despite overwhelming media opposition brought by a legal challenge to the ruling.[5][6][7] This case has been thought to be the first in which a gagging order was imposed.[8]
[edit] References
- ^ Law readied to gag TV in crises, The Times of India, January 9, 2009.
- ^ Order To Endorse Press Statements To Maximise Effectiveness, Says Tee Keat, Bernama, January 8, 2009.
- ^ Tee Keat: No gag order on MCA bureau chiefs, The Sun Daily, January 8, 2009.
- ^ Judge's Order Could Keep Public From Hearing Details of 9/11 Trials, Washington Post, January 9, 2009.
- ^ Secrecy ruling over murder trial, BBC News, January 15, 2008.
- ^ Secrets and lies, The Guardian, January 11, 2008.
- ^ Papers fight move to hear trial in secret, The Times, January 14, 2008.
- ^ Why is Home Office trying to stage murder trial in secret?, The Times, December 17, 2007.
