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A publication ban is a court order which prohibits the public or media from disseminating certain details of an otherwise public judicial procedure. In Canada, publication bans are most commonly issued when the safety or reputation of a victim or witness may be hindered by having their identity openly broadcast in the press. They are also commonly issued when the crime involves minors or is sexual in nature. In countries where press freedom is the norm, an actual ban on publication is used mostly for ongoing court cases where publicity may affect the case. ==In Canada== There are several types of publication ban permitted under the Canadian criminal code: * An order restricting the publication of information identifying complainants of sexual offences * An order restricting publication of information identifying victims and witnesses * An order restricting publication of information identifying a justice system participant (s.486.5(2) ) Under s. 486.6, anyone who violates any of these orders (s. 486.4(1), (2) or (3) or 486.5(1) or (2)) can be liable for a summary conviction offence. ===General Publication Ban (s. 486(1),(2))=== Section 486.5(1) provides the court with the authority to make an order "directing that any information that could identify the victim or witness shall not be published in any document or broadcast or transmitted in any way if the judge or justice is satisfied that the order is necessary for the proper administration of justice." While section 486.5(2) provides the authority to make an order to not reveal "information that could identify the justice system participant". This can be applied for by a prosecutor, a victim or a witness, a judge or justice. (s. 486.5(1)) Under s.486.5(4), the application must be made in writing and notice must be given to the prosecutor, accused, or any other person affected by the order that the judge specifies. The application itself as well as the contents of a hearing on the application cannot be published.(s. 486.5(6), (9)) The order shall only be made where the applicant establishes that the order is "necessary for the proper administration of justice". (s. 486(1), (2), (5)) The factors that must be considered to decide whether to proceed are set out in s. 486.5(7): :(a) the right to a fair and public hearing; :(b) whether there is a real and substantial risk that the victim, witness or justice system participant would suffer significant harm if their identity were disclosed; :(c) whether the victim, witness or justice system participant needs the order for their security or to protect them from intimidation or retaliation; :(d) society’s interest in encouraging the reporting of offences and the participation of victims, witnesses and justice system participants in the criminal justice process; :(e) whether effective alternatives are available to protect the identity of the victim, witness or justice system participant; :(f) the salutary and deleterious effects of the proposed order; :(g) the impact of the proposed order on the freedom of expression of those affected by it; and :(h) any other factor that the judge or justice considers relevant. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「publication ban」の詳細全文を読む スポンサード リンク
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