Bar bans courtroom recordings to prevent trial by media

The Malaysian Bar Council has instituted a ban on lawyers recording or photographing court proceedings to prevent their dissemination on social media and avoid mistaken portrayals of legal matters. According to Bar Council President Anand Raj, social media has a propensity for capturing and disseminating brief video snippets or audio clips from court hearings.

He explained that this practice frequently results in out-of-context recordings and images that can quickly incite public controversy and viral spread of information that hasn't been fully understood or contextualized. The Bar Council's new ruling, which went into effect on October 14, applies to all types of legal proceedings, both inside and outside the courtroom, such as those conducted on-site and during judgment enforcement, as well as site visits related to trial processes in the presence of court officials and legal practitioners.

The prohibition extends to any material stored on digital media, social media platforms, or other online services. The ruling prohibits advocates and solicitors, as well as legal trainees, from distributing any recordings, photos, or other materials on social media or any other online platform. The prohibition also extends to other areas overseen by the court, as determined by notices, signs, or circulars issued by the court.

The Bar Council emphasized that these restrictions do not apply to ceremonial events or instances where prior written authorization has been granted. The motive behind the ruling remains undisclosed, but it is suspected that certain lawyers have previously posted photographs or recordings of court proceedings on social media, including images and videos taken in restricted areas.

In 2024, the Bar Council had previously cautioned its members that recordings of court proceedings provided by the judiciary were intended solely for the preparation of case transcripts and could not be published. They also reminded lawyers about the commitment they must make to the Federal Court registrar when requesting such recordings, which explicitly forbids public disclosure.

A lawyer, who wished to remain anonymous, revealed that it is common practice for lawyers to record courtroom and online proceedings on their devices, which are then shared with clients or the media. He expressed concern over the potential for photographs and videos, such as those documenting bailiffs seizing a person's property, to go viral on social media, causing embarrassment to parties who have lost their cases.