Interesting. It's difficult to use an anonymous person posting to a blog as a source, though. The judge is due to decide tomorrow whether to lift the ban, so we don't have long to wait. It's an interesting question as to whether a Canadian Wikipedian could simply plead ignorance of the bans and repeat the blogger's information. Journalists aren't allowed to plead ignorance, even in cases where the ban has itself been part of a sealed record and therefore hard to obtain information about, journalists are nevertheless expected to make inquiries to find out whether there's a ban, and can be prosecuted for breaching it even when they say they didn't know about it.
In reality, they usually do know because they know media law and can predict which types of cases are likely to attract which types of bans. But whether a court would extend the ignorance-is-no-defense principle to a Wikipedia editor, who may not be so familar with media law and who doesn't have such easy access to court records, would make an interesting test case. If you're volunteering, Andy ... I've heard that Canadian jails are very civilized. ;-)
Sarah
On Apr 6, 2005 9:25 PM, AndyL andyl2004@sympatico.ca wrote:
There is an American website www.captainsquartersblog.com which has been publishing reports from the inquiry which have been described in various Canadian media as "fairly accurate".
on 4/6/05 11:12 PM, slimvirgin@gmail.com at slimvirgin@gmail.com wrote:
Legally, Wikipedia as publisher is beyond the scope of the Canadian Criminal Code, because its servers are not in Canada. However, each editor is legally responsible for what they write, and if they are in Canada could in principle be sued or prosecuted as author of the material, and perhaps as publisher too, as this is a wiki. (Note: This is not legal advice.)
However, if the publication ban is being adhered to by others, it may mean that there is no published information that Wikipedia could refer to anyway, bearing in mind the NOR policy.
Sarah
On Apr 6, 2005 8:46 PM, AndyL andyl2004@sympatico.ca wrote:
How should Wikipedia deal with the publication ban regarding the Gomery Inquiry in Canada?
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