Gag order

For the Kesha album, see Gag Order (album).

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 onto 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.[1][2]

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.[3]

In a similar manner, a "gag law" may limit freedom of the press, by instituting censorship or restricting access to information.[4]

  1. ^ Caloyannides, Michael A. (2004). Privacy Protection and Computer Forensics, Second Edition. Computer Protection Series. Artech House. pp. 302–304. ISBN 978-1580538305.
  2. ^ Malloy, Michael P. (2011). "14: Supervision of Troubled and Failing Institutions". Banking Law & Regulation. Aspen Publishing. pp. 14–4. ISBN 978-1454801078.
  3. ^ Chemerinsky, Erwin. "Lawyers Have Free Speech Rights Too". Loyola of Los Angeles Entertainment Law Journal. 14.
  4. ^ Cite error: The named reference Rathore was invoked but never defined (see the help page).