Wikipedia:Publication bans
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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, see also "superinjunctions")
- Canada bans the dissemination of federal election results in regions of the country where voting has not yet closed.
In the United States, where Wikipedia's servers are based, there are few restrictions on the publication of factual material, primarily due to the strong protections of freedom of speech and freedom of the press guaranteed under the First Amendment, and because these laws do not apply outside of the country.[6] As such, Wikipedia is not obliged to follow them, and factual information should not be removed or omitted from an article simply because it violates a non-U.S. publication ban or censorship law, as Wikipedia is not censored.
However, all articles on Wikipedia are still subject to its policies; 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 that is unsourced and/or potentially defamatory, especially if the information involves a living or recently deceased person. In exceptional cases, the Wikimedia Foundation may still enforce the removal of content from Wikipedia in response to requests by third-parties. While it is unclear on whether they would apply to Wikipedia editors,
All content on Wikipedia is subject to the General disclamier, which states that:
Publication of information found in Wikipedia may be in violation of the laws of the country or jurisdiction from where you are viewing this information. The Wikipedia database is stored on servers in the United States of America, and is maintained in reference to the protections afforded under local and federal law. Laws in your country or jurisdiction may not protect or allow the same kinds of speech or distribution. Wikipedia does not encourage the violation of any laws, and cannot be responsible for any violations of such laws, should you link to this domain or use, reproduce or republish the information contained herein.
Notes
[edit]- ^ Ardill, Allan, "Prejudicial pre-trial media publicity," Alternative Law Journal, 2000: http://beta.austlii.edu.au/au/journals/AltLJ/2000/1.html
- ^ Bekendtgørelse af lov om rettens pleje, http://147.29.40.91/_GETDOC_/ACCN/A20040096129_P31-REGL
- ^ 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.
- ^ 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.
- ^ 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
- ^ 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.