What is a section 486.4 publication ban?
It is an order from a criminal court that prohibits anyone from sharing information publicly about a criminal case in a way that could identify the complainant or witnesses. The purpose of a publication ban is not to protect the identity of the accused.
Once a judge has ordered a publication ban in a criminal case, information that could identify the complainant or witnesses cannot be published, broadcast or transmitted (for example, in an email) to people who are not part of the case.
Publication bans apply to everyone: the people involved in the case (the complainant, other witnesses, the accused, the lawyers, court staff, the judge), members of the public, journalists and reporters.
To be very clear, even the complainant cannot publish, broadcast, or transmit information that could identify them if a publication ban is in place. However, the publication would not likely prohibit them from speaking to a reporter for a story in which they would not be identified.
A publication ban stays in place after the criminal proceedings are over, regardless of whether the accused was found guilty. If the accused pleads guilty to something other than the original criminal charge, for example, common assault, the publication ban still remains in place. The publication ban stays in place even if the verdict is appealed.
The publication ban can only be varied or lifted by order of the judge in the criminal case or, once the case is completed, by a judge of the Superior Court of Justice.
A publication ban does not mean nobody will know about the case. Members of the public can attend the proceedings and anyone can access the court records, including the transcripts. All the publication ban does is prevent them from publishing, broadcasting or transmitting information that would identify the complainant.
- pulled from the YCWTDN Publication Ban Guide