Gag order

"Gagging Order" redirects here. For the song by Radiohead, see COM LAG (2plus2isfive).

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A gag order (also known as a gagging 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, by instituting censorship or restricting access to information.

Examples of gag orders

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]

Israel

In late 2009 Israel issued a gag order against the Israeli media reporting on facts surrounding the Anat Kamm-Uri Blau affair. 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.^[2]

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.^[3] These claims in the media were later denied.^[4]

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 dognapping being heard by the Family Court.^[5]

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.^[6] The government has issued hundreds of thousands of such NSLs accompanied with gag orders. The gag orders have been upheld in court.^[7]

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.^[8] Likewise, as part of a plea bargain John Walker Lindh consented to a gag order to not talk to the press or others.

United Kingdom

See also: 2011 British privacy injunctions controversy

A gag order has been used to protect 'national security'. In the Allan Chappelow 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.^[9][10][11] This criminal case has been thought to be the first in which a gagging order was imposed.^[12]

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."^[13]

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^[14] and dealings with prostitutes.

See also

• Compromise agreement
• DA-Notice
• Editorial independence
• Franchise fraud
• Freedom of speech
• Gag rule
• Injunction
• Media blackout
• Media transparency
• Never say anything
• Prior restraint
• Publication ban
• Public Interest Immunity
• Rivercrabbing
• Super-injunction
• Temporary restraining order
• Whistleblower

References

1. ^ Mitta, Manoj (7 January 2009). "Law readied to gag TV in crises". The Times of India. http://articles.timesofindia.indiatimes.com/2009-01-07/india/28028211_1_security-personnel-draft-rules-broadcasters. Retrieved 8 September 2011. 
2. ^ "Debate in Israel on Gag Order in Security Leak Case". The New York Times. 6 April 2010. http://www.nytimes.com/2010/04/07/world/middleeast/07israel.html. Retrieved 8 September 2011. 
3. ^ Order To Endorse Press Statements To Maximise Effectiveness, Says Tee Keat, Bernama, 8 January 2009.
4. ^ Tee Keat: No gag order on MCA bureau chiefs, The Sun Daily, 8 January 2009.
5. ^ McCammon, Belinda (15 April 2011). "Family feud in court - we can't even name dogs". stuff.co.nz. http://www.stuff.co.nz/national/4890375/Family-feud-in-court-we-can-t-even-name-their-dogs. Retrieved 10 September 2011. 
6. ^ "ACLU Roadmap of Justice Department Inspector General’s Review of the FBI’s Use of National Security Letters". American Civil Liberties Union. 19 March 2007. http://www.aclu.org/national-security/aclu-roadmap-justice-department-inspector-general-s-review-fbi-s-use-national-secu. Retrieved 10 September 2011. 
7. ^ Kravets, David (20 October 2009). "Judge Refuses to Lift 5-Year-Old Patriot Act Gag Order". Wired News. http://www.wired.com/threatlevel/2009/10/patriot-act-gag/. Retrieved 10 September 2011. 
8. ^ Finn, Peter (7 January 2009). "Judge's Order Could Keep Public From Hearing Details of 9/11 Trials". The Washington Post. http://www.washingtonpost.com/wp-dyn/content/article/2009/01/06/AR2009010603374.html?. Retrieved 10 September 2011. 
9. ^ Casciani, Dominic (15 January 2008). "Secrecy ruling over murder trial". BBC News. http://news.bbc.co.uk/2/hi/uk_news/7190269.stm. Retrieved 10 September 2011. 
10. ^ Norton-Taylor, Richard (11 January 2008). "Secrets and lies". The Guardian. http://www.guardian.co.uk/commentisfree/2008/jan/11/politics.ukcrime. Retrieved 10 September 2011. 
11. ^ "News in Brief". The Times. 14 January 2008. http://www.timesonline.co.uk/tol/news/uk/article3182382.ece. Retrieved 10 September 2011. 
12. ^ Gibb, Frances (13 December 2007). "Why is Home Office trying to stage murder trial in secret?". The Times. http://www.timesonline.co.uk/tol/news/uk/crime/article3042941.ece. Retrieved 10 September 2011. 
13. ^ "Guardian still under secret toxic waste gag". WikiLeaks. 14 October 2009. http://mirror.wikileaks.info/wiki/Guardian_still_under_secret_toxic_waste_gag/. Retrieved 8 September 2011. 
14. ^ Swinford, Steven (23 May 2011). "Ryan Giggs: from golden boy to tarnished idol". The Daily Telegraph. http://www.telegraph.co.uk/technology/twitter/8532042/Ryan-Giggs-from-golden-boy-to-tarnished-idol.html. Retrieved 28 May 2011.