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Gag order

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Gag order

A gag order (also known as a gagging order or suppression order) is an order, typically a legal order by a court or government, restricting information or comment from being made public or passed on to any unauthorized third party. The phrase may sometimes be used of a private order by an employer or other institution.

Uses of gag orders include keeping trade secrets of a company, protecting the integrity of ongoing police or military operations, and protecting the privacy of victims or minors. Conversely, as their downside, they may be abused as a useful tool for those of financial means to intimidate witnesses and prevent release of information, using the legal system rather than other methods of intimidation. Strategic lawsuit against public participation (SLAPP) orders may potentially be abused in this way.

Gag orders are sometimes used in an attempt to assure a fair trial by preventing prejudicial pre-trial publicity, although their use for this purpose is controversial since they are a potentially unconstitutional prior restraint that can lead to the press's using less reliable sources such as off-the-record statements and second- or third-hand accounts.

In a similar manner, a "gag law" may limit freedom of the press, by instituting censorship or restricting access to information.

In the summer of 2014, WikiLeaks revealed the existence of an Australia-wide gagging order, issued 19 June by the Supreme Court of Victoria, to block reporting of bribery allegations involving several international political leaders in the region.

In December 2018, International news sources have reported that Cardinal George Pell's conviction on child-molestation charges is subject to a gag order issued by Victoria, Australia court Judge Peter Kidd, suppressing coverage of the conviction by Australian media companies. In early February 2019, Victoria's DPP, Kerri Judd QC, wrote to around 50 Australian news publishers, editors, broadcasters, reporters and subeditors, accusing them of breaking the gag order. Kidd told a closed court that some of the breaches were serious and editors faced jail.

In 2019, the Brazilian Ministry of Environment imposed a gag order on environmental enforcement agency Ibama, ordering it not to respond to press inquiries and to instead redirect them to the ministry's communications office. Ibama's head of communications was forced to resign after weeks of defying the ministry's directive to reroute press queries.

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.

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