Bar bans courtroom recordings to prevent trial by media

The Bar Council has adopted a ruling prohibiting lawyers from making audio or video recordings of court proceedings or taking photographs, in a move aimed at preventing their public dissemination and avoiding trial by media.

Malaysian Bar president Anand Raj said the inherent nature of social media is that it has a “hunger for shorts or snippets” of legal proceedings.

“These inevitably lead to recordings and photos being taken out of context to the point that they often inflame and make viral almost everything that is not understood or taken out of its natural, and often innocuous, context,” he told FMT.

He said the ruling was necessary to restate, clarify and consolidate the relevant rules and principles that protect the integrity of the justice system and prevent trials by media, including social media.

“There are complex rules of legal etiquette, ethics, fairness, due process, candour, justice, privilege and many other considerations as to why the sanctity and solemnity of court proceedings should not be casually published on social media,” he said.

According to a recent Bar circular, the ruling took effect on Oct 14.

The prohibition extends beyond courtroom proceedings and includes those carried out on-site, including when enforcing judgments, and site visits made in aid of trial and in the presence of court officers and lawyers.

“An advocate and solicitor or a pupil shall not publish, post, share, upload, disseminate or reproduce any such recording, photograph or other material referred on any media, social media or other platform,” the ruling read.

The prohibition also applies to other areas managed by the court as may be specified by notice, signage or circular.

However, it does not apply to ceremonial occasions or where prior written permission has been given.

Although no reason was provided for the ruling, it is understood that some lawyers have uploaded to social media photographs or recordings taken in restricted areas.

In 2024, the Bar reminded 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of court proceedings provided by the judiciary were intended solely for the preparation of case transcripts, and could not be published.

It also reminded lawyers of an undertaking they must give to the Federal Court registrar whenever they apply for such recordings, which expressly prohibits their publication.

One lawyer, who requested anonymity, said it was commonplace for lawyers to record courtroom and online proceedings on their devices which are later shared with clients or the media.

He said there was also concern that photographs and videos of bailiffs seizing a person’s property could go viral on social media, causing embarrassment to parties who had lost their cases.

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