Taking and Sharing Photographs of Virtual Court Proceedings to Social Media: A Critical Appraisal on the Law of Contempt in Malaysia

Abstract

In response to the spread of the Covid-19 pandemic, virtual Court hearings in Malaysia are now conducted in a way that enables proceedings to continue, ensuring its accessibility to the public. However, the attendees of virtual Court hearings remain bound to the same prohibitions as those enforced in conventional hearings. In Malaysia, the Court bans photography of any proceedings in the Courtroom, in which, disregarding the prohibition, can cite one for contempt of Court. The excessive use of digital photography may trigger photo manipulation by creating unrealistic images, which causes a public misconception. However, Zoom Court hearings have remained a permanent feature of the Malaysian justice system post-Covid-19. This research aims to examine whether photography in Court proceedings amounts to contempt by disrupting the ongoing process. The methodology used is qualitative approach based on library and internet research. This research found that photography of Court proceedings and sharing the photographs on social media platforms give rise to the dangers of witness intimidation and prejudice to the accused person’s right to a fair hearing. It suggests a need to envision a detailed guideline, clearer signage, and develop special measures for the stakeholders to use mobile phones with cameras in Court proceedings.