Bar bans courtroom recordings to prevent trial by media

In response to concerns over trial by media, the Bar Council in Malaysia has introduced a ruling prohibiting lawyers from recording or photographing court proceedings or taking images. Bar president Anand Raj highlighted social media's tendency to extract short clips or snippets from legal proceedings, leading to their dissemination in an out-of-context manner that can inflame and go viral.

The ruling, effective from October 14, aims to protect the integrity of the justice system by upholding legal etiquette, ethics, fairness, due process, candour, justice, privilege, and other principles. It applies not only to courtroom proceedings but also to activities conducted on-site, such as enforcing judgments and site visits during trials, as long as court officers and lawyers are present.

The prohibition extends to other areas designated by the court, though it does not cover ceremonial events or situations where written permission has been granted. However, the ruling does not apply to scenarios where prior written consent is obtained. While the reason behind the ruling remains undisclosed, it is believed that some lawyers have already shared recordings or photographs from restricted areas on social media.

In 2024, the Bar had previously reminded its members that recordings of court proceedings provided by the judiciary were solely for case transcript preparation and could not be published. Lawyers were also reminded of their obligation to the Federal Court registrar, which strictly prohibits the publication of such recordings. A lawyer, speaking anonymously, revealed that it is not uncommon for lawyers to record courtroom and online proceedings on their devices, which are then shared with clients or the media.

Concerns were raised about the potential for recordings of bailiffs seizing property to go viral, causing embarrassment to those who have lost their cases.