Gag order
Encyclopedia
A gag 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
, by instituting censorship
or restricting access to information.
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.
. The gag order was ultimately subject to widespread criticism and publicity as the details of the case were reported overseas. The scandal centered around leaked documents from the Israeli Defense Force which suggested the military had engaged in extrajudicial killings.
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. These claims in the media were later denied.
being heard by the Family Court.
, 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. The government has issued hundreds of thousands of such NSLs accompanied with gag orders. The gag orders have been upheld in court.
In the United States, a court can order parties to a case not to comment on it but 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. Likewise, as part of a plea bargain John Walker Lindh
consented to a gag order to not talk to the press or others.
murder 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. This criminal case has been thought to be the first in which a gagging order was imposed.
According to WikiLeaks
, "the Guardian [has] been served with 10 secret gag orders —so-called "super-injunctions"— [between January and September 2009]. In 2008, the paper was served with six. In 2007, five."
In Spring 2011, gagging orders, or "super-injunctions" as they were called, were being referred to almost daily in the United Kingdom after a number of high-profile public figures, including celebrities and politicians, censored
the British media from revealing information about their personal lives, such as affairs and dealings with prostitutes.
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
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
Freedom of the press
Freedom of the press or freedom of the media is the freedom of communication and expression through vehicles including various electronic media and published materials...
, by instituting censorship
Censorship
thumb|[[Book burning]] following the [[1973 Chilean coup d'état|1973 coup]] that installed the [[Military government of Chile |Pinochet regime]] in Chile...
or restricting access to information.
India
After the 2008 Mumbai attacks2008 Mumbai attacks
The 2008 Mumbai attacks were more than 10 coordinated shooting and bombing attacks across Mumbai, India's largest city, by Islamist attackers who came from Pakistan...
in which live streaming of the event was broadcast, the Indian government
Government of India
The Government of India, officially known as the Union Government, and also known as the Central Government, was established by the Constitution of India, and is the governing authority of the union of 28 states and seven union territories, collectively called the Republic of India...
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.
Israel
In late 2009 Israel issued a gag order against the Israeli media reporting on facts surrounding the Anat Kamm-Uri Blau affairAnat Kamm-Uri Blau affair
The Anat Kamm-Uri Blau affair refers to a leak of thousands of classified Israel Defense Forces documents by the former Israeli soldier Anat Kamm....
. The gag order was ultimately subject to widespread criticism and publicity as the details of the case were reported overseas. The scandal centered around leaked documents from the Israeli Defense Force which suggested the military had engaged in extrajudicial killings.
Malaysia
There was speculation that a gag order may be imposed by the MCAMalaysian Chinese Association
Malaysian Chinese Association is a uni-racial political party in Malaysia that represents the Malaysian Chinese ethnicity; it is one of the three major component parties of the ruling coalition in Malaysia called the Barisan Nasional in Malay, or National Front in English.Along with the largest...
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. These claims in the media were later denied.
New Zealand
In 2011, name suppression was given to a man, his ex-wife and new partner, and their two dogs, in the case of an alleged dognappingDognapping
Dognapping is the crime of taking a dog from its owner with the intention of demanding a ransom. Historically in the United States, dogs had been stolen and sold on for medical research, but the introduction of the Animal Welfare Act of 1966 reduced these occurrences...
being heard by the Family Court.
United States
A National Security LetterNational Security Letter
A National Security Letter is a form of administrative subpoena used by the United States Federal Bureau of Investigation and reportedly by other U.S. Government Agencies including the Central Intelligence Agency and the Department of Defense. They require no probable cause or judicial oversight...
, 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. The government has issued hundreds of thousands of such NSLs accompanied with gag orders. The gag orders have been upheld in court.
In the United States, a court can order parties to a case not to comment on it but 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
WIPO Copyright and Performances and Phonograms Treaties Implementation Act
The WIPO Copyright and Performances and Phonograms Treaties Implementation Act, is a part of the Digital Millennium Copyright Act , a 1998 U.S. law...
have been upheld.
The trials of Guantanamo Bay suspects have also been subjected to a gag order, which has hindered public scrutiny. Likewise, as part of a plea bargain John Walker Lindh
John Walker Lindh
John Phillip Walker Lindh is a United States citizen who was captured as an enemy combatant during the United States' 2001 invasion of Afghanistan. He is now serving a 20-year prison sentence in connection with his participation in Afghanistan's Taliban army...
consented to a gag order to not talk to the press or others.
United Kingdom
A gag order has been used to protect 'national security'. In the Allan ChappelowAllan Chappelow
Allan Gordon Chappelow FRSA was an award winning writer and photographer living in Hampstead. He was the author of books on George Bernard Shaw, and specialised in portraits of writers and musicians.-Life:...
murder case, the trial was held mostly in camera
In camera
In camera is a legal term meaning "in private". It is also sometimes termed in chambers or in curia.In camera describes court cases that the public and press are not admitted to...
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. This criminal case has been thought to be the first in which a gagging order was imposed.
According to WikiLeaks
Wikileaks
WikiLeaks is an international self-described not-for-profit organisation that publishes submissions of private, secret, and classified media from anonymous news sources, news leaks, and whistleblowers. Its website, launched in 2006 under The Sunshine Press organisation, claimed a database of more...
, "the Guardian [has] been served with 10 secret gag orders —so-called "super-injunctions"— [between January and September 2009]. In 2008, the paper was served with six. In 2007, five."
In Spring 2011, gagging orders, or "super-injunctions" as they were called, were being referred to almost daily in the United Kingdom after a number of high-profile public figures, including celebrities and politicians, censored
Censorship
thumb|[[Book burning]] following the [[1973 Chilean coup d'état|1973 coup]] that installed the [[Military government of Chile |Pinochet regime]] in Chile...
the British media from revealing information about their personal lives, such as affairs and dealings with prostitutes.
See also
- Compromise agreementCompromise agreementIn the United Kingdom, a compromise agreement is a specific type of contract, regulated by statute, between an employer and its employee under which the employee receives a negotiated financial sum in exchange for agreeing that he or she will have no further claim against the employer as a result...
- DA-NoticeDA-NoticeA DA-Notice or Defence Advisory Notice is an official request to news editors not to publish or broadcast items on specified subjects for reasons of national security...
- Editorial independenceEditorial independenceEditorial independence is the freedom of editors to make decisions without interference from the owners of a publication. Editorial independence is tested, for instance, if a newspaper runs articles that may be unpopular with its advertising clientele....
- Franchise fraudFranchise fraudFranchise fraud is defined by the United States Federal Bureau of Investigation as a pyramid scheme.- Franchise fraud in U.S. federal law :The FBI website states:...
- Freedom of speechFreedom of speechFreedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
- Gag ruleGag ruleA gag rule is a rule that limits or forbids the raising, consideration or discussion of a particular topic by members of a legislative or decision-making body.-Origin and pros and cons:...
- InjunctionInjunctionAn injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
- Media blackoutMedia blackoutMedia blackout refers to the censorship of news related to a certain topic, particularly in mass media, for any reason. A media blackout may be voluntary, or may in some countries be enforced by the government or state. The latter case is controversial in peacetime, as some regard it as a human...
- Media transparencyMedia transparencyMedia transparency is the concept of determining how and why information is conveyed through various means.As used in the humanities,the topic of media transparency implies openness and accountability...
- Never say anything
- Prior restraintPrior restraintPrior restraint or prior censorship is censorship in which certain material may not be published or communicated, rather than not prohibiting publication but making the publisher answerable for what is made known...
- Publication banPublication banA publication ban is a court order which prohibits the public or media from disseminating certain details of an otherwise public judicial procedure. In Canada, publication bans are most commonly issued when the safety or reputation of a victim or witness may be hindered by having their identity...
- Public Interest ImmunityPublic Interest ImmunityPublic-interest immunity is a principle of English common law under which the English courts can grant a court order allowing one litigant to refrain from disclosing evidence to the other litigants where disclosure would be damaging to the public interest...
- RivercrabbingRiver crab (Internet slang)River crab and Harmonious/Harmonize/Harmonization are Internet slangs created by Chinese netizens in reference to Internet censorship or the other censorship of China...
- Super-injunction
- Temporary restraining order
- WhistleblowerWhistleblowerA whistleblower is a person who tells the public or someone in authority about alleged dishonest or illegal activities occurring in a government department, a public or private organization, or a company...