Canadian Newspaper Under Investigation For Violating Ban On Publishing Names Of Child Pornography Victims

from the where-good-intentions-meet-the-friction-of-real-life dept

A Canadian newspaper is under investigation for violating a court-ordered ban on publishing the names of child pornography victims. The Chronicle Herald covered the sentencing of a young man on child pornography distribution charges but included the name of his victim, Rehtaeh Parsons.

Rehtaeh Parsons was 15 when the then-17-year-old young man sent a photo of him having sex with her to two other females. Parsons was apparently unaware she was being sexually assaulted. The photo showed not only the young man's actions, but her vomiting out a window.

The subsequent distribution of these photos, along with additional harassment from both the participants and Parsons' peers, eventually led to her suicide. Her suicide then prompted Nova Scotia's legislators to enact an extremely unfortunate cyberbullying law in late 2013, nearly two years after the incident and four months after Parsons took her own life.

In May of 2014, the legally-ordained ban was upheld, forbidding anyone or any media entity from publishing Parsons' name, despite objections from Rehtaeh's parents, who were actively seeking an exception from this part of Canada's child pornography laws. But the Royal Canadian Mounted Police had decided to pursue child pornography charges rather than sexual assault charges and the resulting indictments dragged Retaeh's name under the cover of this ban.

The Chronicle Herald's story on the guilty plea entered by of one of the two perpetrators (whose names are still being withheld because they were minors at the time) leads off with this editor's note:

We’ve decided to publish the name of the victim in this story, despite a court-ordered ban. We believe it’s in the public interest in this unique case, given the widespread recognition of Rehtaeh Parsons’ name, and given the good that can come, and has already come, from free public debate over sexual consent and the other elements of her story.

Rehtaeh’s parents want her name printed, and Judge Jamie Campbell, who upheld the publication ban, wrote in his decision that “the ban serves no purpose,” though he had no choice but to uphold it. Waiving Rehtaeh’s privacy rights “would be a good thing, if it could be done just for this case, just this once,” the judge wrote.

It is difficult for readers to follow a news story when the name associated with it is omitted, and we want to inform Nova Scotians of the outcome of this legal case. We would like to reassure other crime victims that their own court-ordered privacy rights will be respected as always.
As is noted here, Parsons' parents fought to keep her from being "forgotten" by this ban, but to no avail. The Parsons' have given their blanket permission for publication, but that has had no effect on whatever sort of busybody it is that reads this disclaimer and still files a complaint. An accompanying story notes that the Chronicle Herald is being investigated by local law enforcement.
Police have launched an investigation into a possible breach of a publication ban after a major news outlet in Halifax published the name of a teenage girl at the centre of a high-profile child pornography case.

Const. Pierre Bourdages said Tuesday that they had received several reports from citizens complaining about the use of the girl’s name, which is subject to a publication ban under the Criminal Code.

“There’s already been a number of complaints filed with the department in relation to this article,” he said.

“There’s an alleged breach of the publication ban … so we have an investigation ongoing now.”
Now, it would seem that the only party with any true claim over Parsons' name would be her parents, but apparently, certain members of the public feel otherwise. The good news is that this isn't the police's first run-in with the publication ban and they seem to be handling other cases in a responsible manner using context and common sense, rather than blindly asserting that "The law is the law" and punishing those who violate the letter, rather than the spirit.
“Investigators considered whether the victim’s name was used in connection with the child pornography charges as well as the overall context in which her name was used,” police said in a statement.

Based on that and consultation with the Crown, charges were not laid, police said.
Even the prosecutor seems uninterested in laying charges just to be laying charges.
Chris Hansen of the province’s Public Prosecution Service said they consulted police in the seven previous instances, but concluded that there was either not a likely chance of conviction or that if there was, it was not in the public interest to pursue it.

She said they considered several factors, including the past publicity and widespread publication of her name, the wishes of her family to have her name published and the possibility that it would facilitate public debate on a “serious societal issue.”
It's refreshing to see this recognition that the law isn't always binary. The Parsons' have repeatedly stated they don't want their daughter's name removed from additional coverage of this case. The judge upholding the ban also noted that exceptions were needed but wasn't something that could be handled from the court's end. Meddling citizens with no actual stake in the matter may be trying to make things more difficult for the press by complaining about ban violations, but so far it appears they won't be receiving any help from those actually charged with enforcing the law.


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  • identicon
    Sheriff Fatman, 26 Nov 2014 @ 10:27am

    I can understand such a ban if the victim were alive. But when she's dead, who is the ban supposed to be protecting?

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 26 Nov 2014 @ 10:35am

      Re:

      Presumably the family of the victim. Whether they want the protection or not apparently.

      reply to this | link to this | view in chronology ]

    • icon
      Killer_Tofu (profile), 26 Nov 2014 @ 10:39am

      Re:

      The sexual assailants. They probably are pretty interested in keeping all of their names under wraps since they assaulted her when she was not in a capacity to resist or give proper consent. I am not going to judge one way or the other how that poor girl ended up so drunk, whether it was her fault or whether they technically drugged her. Either way that took place, those boys had no right whatsoever to do what they did.

      They probably have a very large interest in keeping the names hidden though. They got away with rape and don't want their names associated with the heinous act they committed.

      reply to this | link to this | view in chronology ]

      • identicon
        Dan J., 26 Nov 2014 @ 11:02am

        Re: Re:

        It's likely not only the assailants themselves. There appears to be a large block of their supporters in the local community. The reason she committed suicide was because of the horrible way she was treated and "slut shamed" after the pictures were distributed. After she died, there were reportedly posters put up supporting the assailants.

        reply to this | link to this | view in chronology ]

        • identicon
          Pragmatic, 1 Dec 2014 @ 5:38am

          Re: Re: Re:

          I'll never understand that.

          Become a victim = "the bad guy"

          Victimize = "the good guy"

          How did that happen? When did we get our priorities so utterly screwed? And who the hell wants people who are capable of that living in their home with them? I wouldn't.

          Is it really just a case of cognitive dissonance? Is "Johnny wouldn't do that" really strong enough to cause you to deny that a girl committed suicide because she was made to feel so worthless and expendable?

          reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 26 Nov 2014 @ 10:37am

    Jesus, if I had named my kid "Rehtaeh" I'd go out of my way to AVOID broadcasting that to the world.

    reply to this | link to this | view in chronology ]

    • icon
      tqk (profile), 26 Nov 2014 @ 11:08am

      Re:

      Jesus, if I had named my kid "Rehtaeh" I'd go out of my way to AVOID broadcasting that to the world.

      I have no idea why you'd think that (nor why you think we'd care). Parents have given their children lots of wierd and wonderful and silly names. Check out the lyrics to "A boy named Sue" sometime. Why not "Heather" spelled backwards? It's, at least, a bit more inventive than recycling two thousand year old names of religious figures and other long dead obscurities.

      reply to this | link to this | view in chronology ]

      • identicon
        Anonymous Coward, 26 Nov 2014 @ 11:15am

        Re: Re:

        Are you seriously defending this ridiculous name using a comedic song by Shel Silverstein? Okay then.

        reply to this | link to this | view in chronology ]

        • identicon
          Anonymous Coward, 26 Nov 2014 @ 12:06pm

          Re: Re: Re:

          TO TOOT LOUD ROLL TROLL TO DOOR.

          Cheat mode activated: Stupidity immunity.

          reply to this | link to this | view in chronology ]

          • identicon
            toidinaeruoy, 26 Nov 2014 @ 12:14pm

            Re: Re: Re: Re:

            Good one.

            I've seen the error of my ways and come up with a new screen name, all in honor of you.

            reply to this | link to this | view in chronology ]

            • icon
              Sheogorath (profile), 27 Nov 2014 @ 12:21am

              Re: Re: Re: Re: Re:

              A good name for you, given that you were clearly looking in a mirror when you came up with it (in more ways than one).

              reply to this | link to this | view in chronology ]

            • icon
              Blackfiredragon13 (profile), 27 Nov 2014 @ 8:28pm

              Re: Re: Re: Re: Re:

              I don't get it.

              reply to this | link to this | view in chronology ]

              • icon
                tqk (profile), 28 Nov 2014 @ 6:25pm

                Re: Re: Re: Re: Re: Re:

                I don't get it.

                There was this guy named Leonardo DaVinci. He invented a way of hiding (encrypting) his thoughts by writing them backwards. Try it: "toidinaeruoy".

                It's not a very good (as in strong) form of crypto, but it appears to still work on some people, hundreds of years after he came up with it. A screen door will deter a paper boy. Burglars will not even be slowed down by it, and it may even serve to tempt them.

                reply to this | link to this | view in chronology ]

              • icon
                Sheogorath (profile), 30 Nov 2014 @ 1:21pm

                Re: Re: Re: Re: Re: Re:

                The user I replied to called themselves you're an idiot, only spelt backwards and with the punctuation and spaces removed. I was able to spot it only because one of my cognitive disabilities (or a combination of more than one) gives me the ability to read backwards and upside down quite easily.

                reply to this | link to this | view in chronology ]

                • icon
                  Blackfiredragon13 (profile), 1 Dec 2014 @ 7:45am

                  Re: Re: Re: Re: Re: Re: Re:

                  Really? Wow. The closest I can compare was when I started writing in pre-k. Could only write backwards. Had to learn to write normal. My teacher was just happy she didn't have to keep using a mirror to grade my spelling tests.

                  reply to this | link to this | view in chronology ]

        • icon
          tqk (profile), 26 Nov 2014 @ 1:52pm

          Re: Re: Re:

          I was thinking of the one by Johnny Cash, where the murderous urges of the son were mollified by the dad wanting him to have a name that made him grow up tough knowing he wouldn't be there for him.

          reply to this | link to this | view in chronology ]

  • identicon
    Buck Canuck, 26 Nov 2014 @ 11:15am

    Sanity

    The reason sanity prevailed here is because in Canada we do not elect judges or district attorneys or sheriffs. They do not have to grandstand or to be afraid of negative attack ads in the next election.

    reply to this | link to this | view in chronology ]

  • icon
    Blue Sweater (profile), 26 Nov 2014 @ 11:34am

    Interview with the father

    CBC radio had an interview with her father on last night if anyone wanted some more information.

    The craziest part is her name was all over the news for weeks after she died but when introducing the clip yesterday, CBC was not even allowed to say the name of her father.

    http://www.cbc.ca/player/AudioMobile/Mainstreet%2BNS/ID/2616842787/

    http://www.cbc.ca/mainstre etns/
    Guilty but not sorry - victims dad about convicted men in child porn case.

    reply to this | link to this | view in chronology ]

  • This comment has been flagged by the community. Click here to show it
    icon
    Armstrong (profile), 26 Nov 2014 @ 2:37pm

    Child porn is a serious issue that tarnishes image of society. I think the Canadian Gov have to improve on its advocacieson child porn. The media should do much on helping eradicate than promoting.

    Start advertising/publishing your products or iterms freely online at: CynMart.com: Free classified ads in Ghana and beyond . attract more costumers to your company or products.

    reply to this | link to this | view in chronology ]

  • identicon
    RR, 26 Nov 2014 @ 3:36pm

    Binary enforcement?

    You really support allowing the police to decide on their own what laws to enforce? Hasn't history taught you anything about who will get favorable treatment and who won't?

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 26 Nov 2014 @ 4:18pm

    "Child pornography" victim?

    The headline is technically true, but the photo of the rape doesn't seem like the crime to emphasize.

    reply to this | link to this | view in chronology ]

    • identicon
      Zonker, 1 Dec 2014 @ 3:34pm

      Re: "Child pornography" victim?

      Read closer then, as explained in the article itself:
      But the Royal Canadian Mounted Police had decided to pursue child pornography charges rather than sexual assault charges and the resulting indictments dragged Retaeh's name under the cover of this ban.
      The prosecutors themselves emphasized the "child pornography" crime rather than the "sexual assault" just so that they could make it subject to the new cyberbullying law that resulted in the ban on publishing her name.

      reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 26 Nov 2014 @ 6:29pm

    If you follow Canadian media, you will notice that they only "report" on the pretty girls who commit suicide while ignoring the larger issues affecting the country's youth. Many communities across the country are hurting because their youth do not know how to deal with hardship nor the psychological traumas that previous generations could. A community like Pikangikum doesn't even get a second glance.

    reply to this | link to this | view in chronology ]

  • icon
    btr1701 (profile), 27 Nov 2014 @ 11:27am

    Bans

    These sort of publication bans are especially silly given the ease for people to get their news from publications around the world. U.S. media isn't subject to the kind of restraints on speech that come out of the U.K. and Canada and Australia, and routinely publish what courts in those countries say can't be published, much has TechDirt has done in this case.

    Searches for information on this case will bring up articles from news sites around the world, most of whom don't give a flip about and aren't obligated to follow Canada's censorship law.

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 27 Nov 2014 @ 4:48pm

    Are the parents prevented from publishing a memorial? Can they say how she died?

    reply to this | link to this | view in chronology ]


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