Reminder by Penang Press Club to Public, Media Reports are Restricted by the Sub Judice Rule and May Constitute Contempt of Court

Penang Press Club has issued a statement regarding accuse by public during a rally to support two teachers arrested in connection with the beating of a student at S.M.J.K Chung Hwa Confucian. Penang Press Club appealing to the public to understand the constraints on reports and publications imposed by the sub judice principle, so as to ensure a fair trial, otherwise it may lead to contempt of court and undermine the rule of law.

"Sub judice rule" is stipulated in the criminal procedure law to protect the fairness and seriousness of the trial. Once a case enters the judicial stage, any intentional or unintentional public discussion, comment, or report that may interfere with the judicial process may be deemed as contempt of court. Regardless of whether it is media, public figures, or ordinary people, remarks or communications that tend to be biased and spread them may constitute contempt of court, and the corresponding legal consequences must be borne.

Any case that is under judicial review should be determined by the court based on the evidence presented and cross-examination, and not by public opinion, media reviews, or public opinion manipulation.

The statement emphasizes that the core spirit of the sub judice rule is to protect the constitutional rights of everyone to a fair trial. Any hypothetical speculation of the facts of the case, distortion of the evidence, or subjective comments on the direction of the case before the verdict may cause "prejudgment" and, consequently, damage the public's confidence in the judicial system. This type of "trial by media" is essentially a form of usurpation of judicial authority (usurpation of the role of the judiciary) and fundamentally damages the rule of law.

Penang Press Club emphasizes that judicial proceedings and rulings are not prohibited from being reported, but reports must be factual, accurate, and truly reflect what transpired in court. However, comments or subjective opinions about the verdict that has not yet been rendered, or comments or subjective opinions about the procedures, evidence, and legal instructions, are not permitted.

Penang Press Club calls on the general public and media workers to maintain the highest level of caution and professionalism when involving and discussing reports on judicial cases. Freedom of speech and press freedom should of course be protected, but they must not be used to violate the rule of law.

Only in this way can we achieve a balance between the public's right to know and the safeguarding of judicial justice, allowing the rule of law to be truly realized.