Wikipedia:Publication bans

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This policy deals with laws that prohibit the publication of factual information in certain jurisdictions.

Contents

[edit] Background

It is common practice in some countries to prohibit the publication of certain information, typically in the context of a pending matter of criminal justice. These bans may be automatic or may be imposed by a judge. Typical prohibitions on publication include:

  • Information which may influence a jury pool (e.g., Australia, England[1])
  • The name of a criminal defendant who has not (yet) been convicted (e.g., Denmark[2])
  • The name of a juvenile convict (e.g., France[3], Canada[4])
  • Facts that violate someone's privacy (e.g. France[5], United Kingdom[6])

In the United States, where Wikipedia's servers are based, there are few restrictions on the publication of factual material, due to the American Constitution's strong free-speech protections.[7]

[edit] Policy statement

Factual information should not be removed or omitted simply because it violates a non-U.S. publication ban or censorship law.

However, the presence of a publication ban may make it difficult to find reliable sources of information on the topic. Information that cannot be verified in a reliable source should not be included.

It is also essential to avoid posting anything potentially libelous.

[edit] Notes

  1. ^ Ardill, Allan, "Prejudicial pre-trial media publicity," Alternative Law Journal, 2000: http://beta.austlii.edu.au/au/journals/AltLJ/2000/1.html
  2. ^ Bekendtgørelse af lov om rettens pleje, http://147.29.40.91/_GETDOC_/ACCN/A20040096129_P31-REGL
  3. ^ Portier, Pascale D., "Media Reporting of Trials in France and in Ireland," Judicial Studies Institute Journal, 6.1: http://www.jsijournal.ie/html/Volume%206%20No.%201/6%5B1%5D_Duparc-Portier_Media%20Reporting%20of%20Trials%20in%20France%20and%20Ireland.pdf.
  4. ^ Department of Justice Canada, "The Youth Criminal Justice Act: Summary and Background," 31 Jan. 2006: http://www.justice.gc.ca/en/ps/yj/ycja/explan.html.
  5. ^ James, Barry, "No Precedent for Putting Banned Book on Internet," International Herald Tribune, 25 Jan. 1996: http://www.iht.com/articles/1996/01/25/net.t_1.php
  6. ^ "Publicity-shy singer wins privacy claim," CBC.ca, 21 Dec. 2005: http://www.cbc.ca/arts/story/2005/12/21/Loreena-McKennitt.html
  7. ^ Cameron, Jamie, "Victim Privacy and the Open Court Principle," March 2003: http://www.justice.gc.ca/en/ps/rs/rep/2003/rr03vic-1/rr03vic_006.html.

[edit] Related policies