How do journalists deal with a publication ban – especially if they don’t even know one exists?
Patricia Graham, editorial pages editor for the Vancouver Sun, said that the media have problems with the bans as they limit access to reporting court proceedings. “Sometimes we might not even be notified of a ban.”
Lawyers may approach the judge and ask for a ban. The judge can easily allow the ban – but it doesn’t get into the court records. If a reporter is not in court or doesn’t hear what takes place, the reporter possibly won’t even realize a ban exists.
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Jon Westinger, general counsel for Western International Communications Ltd., said bans should be recorded in perhaps a registry “for posterity and public scrutiny.”
However, cost is one of the reasons there isn’t a registry.
How can journalists deal with a ban they know is in place?
Peter Jacobsen, a lawyer with Patterson, MacDougall in Toronto, said the toughest thing is to find out what the terms of the ban are. Reporters should tell their own lawyers as close to verbatim as possible what the ban is and understand it.
“Abide by the strict letter of the ban – don’t play loose with it,” he advised. “If you have a problem, move against it immediately.”
Jacobsen admitted the toughest decision made is when a paper knows the rival outlet will be less strict with the ban or ignore it completely.
However, B.C. Supreme Court Justice Wally Oppal said journalists have to decide if they’re working inside or outside the legal system:
“You don’t decide to break a ban just because you fear competition from the opposition.
“As long as someone can appeal a (court) decision and go all the way to the appeal, you can’t just break a ban anytime. Until all the appeals are exhausted, it’s important to stay within the system.”
