The vomiting command (also known as choking commands or command suppression ) is a command, usually a legal order by a court or government, limiting information or comments from being published or passed to an unauthorized third party. This phrase can sometimes be used for personal orders by employers or other institutions.
Gag commands can be used, for example, to safeguard the legitimate trade secrets of a company, to protect the integrity of an ongoing police or military operation, or to protect the privacy of a victim or a minor. On the contrary, on the negative side, they can be misused as a useful tool for those who are financially intent on intimidating witnesses and preventing the release of information, using the legal system rather than other methods of intimidation. The Public Order Against Public Participation (SLAPP) order has the potential to be misused in this way.
Gag orders are sometimes used in an attempt to ensure fair trial by preventing pre-trial pre-trial publicity, although its use for this purpose is controversial because they are a potential unconstitutional restraint that could cause the press to use less reliable sources such as dead- statement of recording and second or third account.
In the same way, "gag law" can limit the freedom of the press, by instituting censorship or restricting access to information.
Video Gag order
Example
Australia
In the summer of 2014, WikiLeaks revealed a gagging order across Australia, issued June 19 by the Supreme Court of Victoria, to block the reporting of alleged bribery involving several international political leaders in the region.
India
After the Mumbai 2008 attacks in which the live broadcast of the show aired, the Indian government proposed a bill that would clog media channels that broadcast live images during terrorist or war events, to ensure the safety of hostages and to protect security operations from obstruction. It has been opposed by Indian media who argue that they have adopted 'self-regulation' during such incidents and have not done so. It is uncertain whether the bill will be passed.
By 2017, Judge Karnan is a high court judge in Kolkata, he is accused of not honoring India's supreme court. Therefore the Indian Supreme Court ordered the arrest of Judge Karnan and also the command of GAG has been released and the press release is not published.
Israel
At the end of 2009, Israel issued an order to silence the Israeli media who reported the facts about Anat Kamm-Uri Blau's affairs. The gag order was ultimately subject to widespread criticism and publicity because details of the case were reported abroad. The scandal was centered around a leaked document from the Israeli Defense Force that suggested the military had committed extra-judicial killings.
The gag order regarding Prisoner X's relationship prevented Israeli coverage of this topic for more than two years. After many foreign media disclose the identity of prisoners and other key facts in February 2013, the court partially lifted the silencing order, allowing Israeli media to quote foreign press reports but did not offer original reports.
On 13 November 2013 a gag order about a famous Israeli singer suspected of having sex with girls under the age of permit was issued. While traditional media does not advertise the names of singers, users of social media platforms such as Facebook publish the names of singers and incriminating photographs. On November 20, Eyal Golan released a press statement announcing she was a suspected singer.
In August 2017, an Israeli court issued a monthly silence order on a state witness agreement on an ongoing criminal investigation from Prime Minister Benjamin Netanyahu.
Malaysia
There is speculation that silencing orders may be imposed by MCAs on their press statements before being released to the public to "ensure maximum effectiveness". Such releases must be approved by the president. These claims in the media were subsequently rejected.
North Korea
On September 21, 2013, the Japanese newspaper Asahi Shimbun reported information from a North Korean high-ranking defector who said that 9 members of the North Korean Orchestra Unhasu had been executed for making pornography, and the execution was designed to cover Ri Ri's involvement -ju, a former member of the orchestra and now the wife of North Korean leader Kim Jong-un. North Korea responded by saying that 'reptile media' has insulted "the highest dignity" by spreading lies. Sources in North Korea report it has become a big scandal with many rumors spreading despite official gagging orders.
Europe
United Kingdom
The silencing orders, or anonymity orders, are sometimes issued by courts in the United Kingdom to protect privacy, prevent harm to suspects, detainees, witnesses, victims, or to protect national security. In the case of the murder of Allan Chappelow, the trial was held mostly on camera and the media was prevented from speculating about the case. The order came into effect after the "exciting case" made by prosecutors, despite the tremendous media opposition brought about by the legal challenge to the verdict. This criminal case is considered to be the first in which the choking order is enforced.
According to WikiLeaks, "The Guardian [has] been served with 10 secret gag orders - called 'super-orders' - [between January and September 2009.] In 2008, the paper was presented with six.In 2007, five."
In the Spring of 2011, choking orders applied to themselves, or "super orders" when they were called, were referred to almost daily in Britain after prominent public figures, including celebrities and politicians, censored British media from revealing information about private life they, like affairs and deals with prostitutes.
Gag's orders protect the privacy of convicted child killers such as Mary Bell, Jon Venables and David McGreavy, to protect them from revenge attacks, are also controversial because of public concerns about the inability to avoid such people and protect the families of victims and other children from being harmed by they.
Netherlands
In Holland, ethicist Gerrit van Putten was given two separate orders by the Minister of Agriculture to protect intensive agriculture. The first sequence was issued after Van Putten published a report about biting a pig's tail in 1972, and has advocated that a pig's tail is an animal welfare thermometer, which is discarded when "temperature" becomes too high, ie its tail. which anchored than the condition of repaired housing. A second bowed order was issued in 1989 by Minster Braks, who did not want to hear about the ill effects of a confined pig pen.
United States
The national security letter (18 U.S.C.Ã, 2709), an administrative court call used by the FBI, has a silencing order that restricts the recipient to never say anything about being served with one. The government has issued hundreds of thousands of NSL as it is accompanied by a gag order. The gag order has been enforced in court.
Report on suspicious activity (31 USCÃ,  ± 5318 (g) (2); Housing and Community Development Act 1992/Annunzio-Wylie Anti-Money Laundering Act, Pub.L. 102-550, Ã,§ 1517 (b) 106a, Statute 4060) requires "If a financial institution or director, officer, employee, or agent of any financial institution [...] reports a suspicious transaction to a government agency - whether a financial institution, director, officer, employee, or agency agent (irrespective of whether the person is still employed by the agency) [...] may notify the person involved in the transaction that the transaction has been reported, and no current or former official or employee or contractor to the Federal Government or from or for any Any State, local, tribal or territorial government in the United States, who is knowledgeable that the report is made may disclose to anyone involved in the transaction that the transaction has been in report ".
18 USCÃ,§§ 2705 (b) (The Electronic Communications Privacy Act 1986/Stored Communications Act) also provides a gag directive that directs an 18th order recipient USCÃ,§ 2703 (d) to refrain from disclosure The existence of an order or an investigation.
18 USCÃ,§ 3123 (d) (2) (Electronic Communications Privacy Act of 1986) also provides a gag command that directs the receiver pen register or traps and tracks the device order not to reveal the existence of a pen/trap or investigation.
In the United States, a court may order the parties not to comment on it but have no authority to stop unrelated journalists from reporting on a case. Thus, information about a case is often leaked to the media, and the media often choose to publicly report this leaked information upon receipt. Additionally, this information may be used for the benefit of the media, as they may decide to post negative information about someone involved with the case and who has issued a silencing order, knowing that the person can not comment on the information that is publicly reported. because of the silencing order imposed on this person. Most of the laws that limit what can be reported in general have been found to be unconstitutional and void. However, the joke provisions of the WIPO Copyright and Performance and Phonograms Treaties Implementation Act have been enforced.
Trials against Guantanamo Bay suspects were also subjected to silencing orders, which had hampered public scrutiny. Likewise, as part of pleading defense, John Walker Lindh approved the silencing order not to speak to the press or anyone else. Also, Judge Howard Shore of San Diego put a silencing order on activist Jeff Olson.
Gag orders can be part of a settlement agreement between two parties. In the state of Pennsylvania in 2011, orders for lifetime disruption at fracking discussions have been approved by a family as part of their deal with oil and gas drilling company Range Resources. A lawyer for Range Resources claims in court that the silencing order includes not only adults in the family but also children, then ages seven and ten, and that the company intends to enforce it.
Several US states, the first of which is Florida, have enacted so-called "law gag doctors" that limit the ability of doctors to talk to their patients about possession of their weapons.
California
The California Electronic Communications Privacy Act requires that in certain cases of electronic searches ensure that "[...] the Court will issue an injunction [prohibiting any party from providing information from notifying others that information has been sought]".
Puerto Rico
In 1948, Puerto Rico became a United States colony, a bill brought before the Puerto Rican Senate to hold the rights of the Independent Party of Puerto Rico and the Puerto Rican Nationalist Party movement on the Island. The Senate was then controlled by Partido Popular Democratico and led by Luis MuÃÆ'Â Â ± oz MarÃÆ'n. The Bill, also known as "Ley de la Mordaza" (Gag Law) was approved by the Puerto Rican legislature on May 21, 1948. The law made it illegal to show the Puerto Rican flag, to sing a patriotic song, to speak of independence, and fighting for the liberation of the island. The bill, which is similar to the anti-Communist Smith Law approved in the United States in 1940, was signed and made into law on June 10, 1948, by the governor of Puerto Rico JesÃÆ'ºs T. PiÃÆ' Â ± ero appointed US and known as "Ley 53 "(UU 53). Law 53 states that it is a crime to print, publish, sell, to show or organize or to assist anyone to arrange any society, group or group of persons whose intention to incapacitate or destroy a petty government. Anyone accused and convicted of violating Law 53 can be sentenced to 10 years in prison, a fine of US $ 10,000, or both. According to Leopoldo Figueroa, a member of the Puerto Rico Board of Representatives, Law 53 is repressive and violates the First Amendment of the US Constitution which guarantees Freedom of Speech. He pointed out that such a law is a violation of the civil rights of the people of Puerto Rico.
Maps Gag order
See also
Note
References
Source of the article : Wikipedia
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