If you have been charged with a criminal offense and do not want your personal information to be released by the media, tune in because we will offer several strategies that your Kitchener criminal lawyer can implement to protect your personal information from the media. The first strategy is for your Kitchener criminal lawyer to apply for a publication ban. But what is a publication ban? A publication ban is an order from the court that prohibits media companies and other organizations from publishing certain information regarding the participants at trial. Despite a publication ban typically protecting witnesses and victims (especially under the age of 18), the ban can also protect defendants.
The court will evaluate a number of factors to see whether a publication ban is justified in being authorized. For instance, the right of the defendant to a fair trial (airing personal information by the media relating to the defendant may damage the judicial fairness of the trial), whether there is a risk to the defendant in publishing personal information that could result in public outrage and injury or threats to the defendant, or if the defendant’s family may be harmed or threatened before the verdict is read. How can a criminal lawyer in Kitchener request a publication ban? The criminal lawyer must apply for a publication ban in writing and the defendant must explain why a publication ban is necessary.
The application is presented to the judge who ultimately makes the decision to accept or reject the publication ban. The court will also advise for the media to be contacted regarding the implemented publication ban because it will alter how they can present information in their media outlets. The publication ban may be active for a short period of time or a longer period depending on the judgment of the court. The following two methods can also be imposed if a media company already published personal information unlawfully. The first is, ‘publication of private facts’. The legal term ‘publication of private facts’ protects against an invasion of privacy from the media or other entities or persons.
If a media company publishes offensive information or unlawfully publishes personal information then the, ‘publication of private facts’ law can order the media to remove the content and potentially pay monetary damages. The second method of personal information protection is, ‘misappropriation of name or likeness’. This offense occurs when an organization publishes personal information without the permission of the party being publicized. This offense usually relates to a commercial organization (e.g. media) publicizing information for promotional gains or monetary advancement, by taking advantage of one party’s identity.
If a defendant feels that a published article, video or other form of publication has been released without their permission and is potentially damaging to their identity or places them at risk because personal information has been released; then the criminal lawyer of the defendant can file for a ‘misappropriation or name or likeness’ to the offending media company. If you are wondering how to protect your personal information from the media, it is advised that you consult your criminal lawyer in Kitchener and present the above protection strategies to infer if they can be applied to your specific case.