so, i'm sorry, explain that to me again?

[somedaybitch]

The Gomery Inquiry is considering contempt-of-court charges against an "all-news Canadian website" for linking to an American blog post allegedly containing details of damning testimony covered by a publication ban:

An American website has breached the publication ban protecting a Montreal ad exec's explosive and damning testimony at the AdScam inquiry. The U.S. blogger raised the ire of the Gomery commission this weekend by publishing extracts from testimony given in secret by Jean Brault last Thursday.

how exactly is an American blog subject to a Canadian publication ban? source.

Comments

[life-on-queen.livejournal.com]

how exactly is an American blog subject to a Canadian publication ban?

They're not. However, a Canadian website or a Canadian blogger who publishes information covered under a judicial publication ban in Canada can be charged. So, if I were to go to the website, read the testimony and then post about it on livejournal, I could be charged (I don't actually know what the charge would be, some version of a contempt charge, I suppose). As this is what happened, I suspect Sun Media is going to get its hands slapped.

[somedaybitch.livejournal.com]

no, i get that part totally. a canadian site is subject to the canadian rules. i read at a couple of different blogs though that made it sound like they were gonna try and go after the american blogs as well.

Addendum To Last

[life-on-queen.livejournal.com]

My government of Ontario web interface didn't like the homepage of the site you linked, so I couldn't tell whether or not that blogger was Canadian or American. If American, they're being needless alarmist and deliberately provocative. If Canadian, yeah, don't publish links to stuff that's covered under a publication ban.

Also, the reason for the publication ban is that at least three of the individuals that the Inquiry has called to testify are facing criminal prosecution. The ban was put in place to protect both the integrity of the prosecutions and the accused Charter right (i.e. under the Canadian Charter of Rights and Freedoms) to be presumed innocent until proven guilty.

Re: Addendum To Last

[somedaybitch.livejournal.com]

i understand the reason for the ban as i've been keeping up with the inquiry.

Re: Addendum To Last

[life-on-queen.livejournal.com]

i understand the reason for the ban as i've been keeping up with the inquiry.

Really? That's kinda cool—I live here (and voted for the Liberals in the last four elections) and I can't be bothered. Partly because the various parts of the government has been braying about if for the better part of two years. That and saying the government's been spending money in Quebec is kinda like saying that rain falls down (except, I suppose, when it falls sideways). Since it looks like they may be turning the whole thing over to the mounties, I suppose I should start reading the papers again.

Re: Addendum To Last

[somedaybitch.livejournal.com]

i confess to less than altruistic reasons for my interest. on the film shoot from hell i was pummelled with how bitchin Canada was (runup to us elections) and if Bush got elected they (the speakers) were going to emigrate, blah blah blah. it's nice to be able to fwap the whiners over the head with the irony. no offense to your home, btw. i'm quite fond of it.

Re: Addendum To Last

[life-on-queen.livejournal.com]

Hee.

Re: Addendum To Last

[somedaybitch.livejournal.com]

what can i say? i'm shallow.

This thing seems to have all sorts of twisty turnees...

[arthurfrdent.livejournal.com]

new stuff ***HERE***

I think the thing most telling to me was the apparent illegality of what you post in certain countries basing everything on law WHERE it's read, not where it's written. Did I read that right? So if Enya's lawyers wanted, they could drag DallaScaper into an Irish court, if an Enya based Video was downloaded in Ireland and Ireland's copyright laws were more restrictive... and then American courts would have no choice but to arrest him and extradite him, based on reciprocity law with the US? 'Cuz if that's true... mmm could have a VERY LARGE chilling effect on free speech worldwide, because you would have to worry about what was the most restrictive law/place and plan in case someone would read your site there.

or maybe I read it wrong and/or am about to wake up in my own bed - 'there's no place like home'

AFD