Failure to comply with gag order deemed contempt of court, essential to safeguarding justice
Lawyer Muhammad Akram Abdul Aziz said that individuals found guilty of contempt of court could be sentenced to imprisonment, a fine, or both.
SHAH ALAM – Any party that refuses, neglects, or fails to comply with a gag order regarding the royal addendum issue will be considered in contempt of court and could face penalties if the order is issued.
Lawyer Muhammad Akram Abdul Aziz said that individuals found guilty of contempt of court could be sentenced to imprisonment, a fine, or both.
"In some countries, this is used to ensure that jurors are not influenced by any broadcasts or news reports, as they might not be able to make a fair decision if swayed.
"However, Malaysia does not use the jury system in court, so a gag order may be seen as a measure to restrict reporting on a case for any reason," he told Sinar on Monday.
It was reported that the government would file an application on Jan 20 for the court to issue a gag order to prevent any parties from discussing issues related to the royal addendum case, in order to protect the institution of the monarchy as it is a sensitive matter.
Akram clarified that a gag order could be issued if there is a sub judice situation in an ongoing case.
"In such a situation, no comments can be made about the case to avoid disrupting or making the trial unfair. Or in a modern context, it is to prevent a 'trial by media’," he said.
However, Akram acknowledged that it is not unusual for the public or any party to discuss or comment on a high-profile case that is ongoing.
"Given the risk of comments that could potentially disrupt the case or touch on sensitive 3R issues in Malaysia, this gag order might be seen as appropriate to prevent such occurrences.
"At the same time, our judicial system is not based on a jury. Cases are judged by wise, trained and experienced judges, unaffected by media comments or reports.
"Therefore, the question arises whether it is justified to issue a gag order for fear of preventing the public and the media from speaking out, when freedom of speech is enshrined in the Malaysian Constitution," he said.
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