A gag order is a legal directive that prohibits public discussion, often used to ensure a fair trial by limiting discussion that could influence jurors or witnesses. Violators can face legal penalties, and private organizations can also use gag orders to control information. The New York Times once kept a kidnapping secret, sparking controversy over the use of gag orders as a form of censorship.
A gag order or suppression order is a formal directive that prohibits people from discussing something publicly. Gag orders are usually used in a legal context when a judge wants to keep a trial as fair as possible by limiting public discussion during the trial to avoid influencing jurors and witnesses. Private organizations, companies and institutions can also use gag orders to control the flow of information.
In the case of a gag order involving a legal process, the order is issued by a judge. The order can ban people involved in a case, such as lawyers, witnesses and jurors, from discussing the case publicly, and it can also ban media reporting on the case. Gag orders are usually used when a judge is concerned that a case is so sensational that it will otherwise be difficult for the defendant to get a fair trial. Discussion and public opinion can influence the outcome of a legal case if a trial receives a lot of attention, and this conflicts with judicial values which state that evidence should be considered impartially.
People can chafe against a court-ordered gag order. If they violate the order, they can be subject to legal penalties such as fines or even imprisonment. Gag orders can also be enforced with techniques such as jury kidnapping, where jury members are held in private, secure locations for the duration of the trial so they cannot be influenced by outsiders.
In the case of a gag order issued by a private organization, the organization usually cannot compel the media not to report on something unless it can prove, in court, that the media’s reporting is incorrect and harmful. However, it can force employees and representatives to obey a gag order as part of terms of employment, such as when people sign non-disclosure agreements before working on secret development projects.
Sometimes, people comply with a gag order as a courtesy, not because they’re legally required to. In 2009, for example, The New York Times stirred up a stir when it revealed that it had teamed up with other news outlets to keep the kidnapping of a journalist a secret for seven months. The organization argued that the secrecy was designed to protect the journalist and increase the chances of a successful outcome in negotiations with the kidnappers, but some people cried foul, arguing that withholding such information had potentially dangerous implications.
The gag order is certainly not without controversy. Many people feel that these legal orders are a form of censorship and can be used as a tool to prevent members of the public from accessing information that may be important or of interest.
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