- A publication ban prohibits publishing, broadcasting, or transmitting information that could identify a specific person — it does not ban reporting on the case itself.
- Under section 486.4 of the Criminal Code, a publication ban protecting a complainant or witness's identity is mandatory upon request in cases involving specified sexual offences.
- Under section 486.5, a judge has discretion to order a publication ban for other victims or witnesses where it is in the interest of the proper administration of justice.
- Bill S-12, fully implemented in 2023–2024, gave complainants enhanced rights to opt out of a publication ban or apply to have one varied or revoked.
- A publication ban applies to the media and the public — breaching one is a separate criminal offence in itself.
- Complainants can generally now speak about their own experience without breaching a ban, provided they don't reveal another protected person's identity.
The Short Answer
A publication ban prohibits publishing, broadcasting, or transmitting information that could identify a specific protected person in a criminal case — most often a complainant or witness. It does not ban reporting on the case itself. Some bans are mandatory upon request; others are discretionary, decided by a judge based on the interests of justice.
What a Publication Ban Actually Protects
A publication ban targets identifying information — names, addresses, or other details that could reveal who a protected person is. It generally does not prevent the media from reporting that charges have been laid, describing the general nature of the allegations, or covering the progress of the case, provided the protected person's identity is not disclosed.
Mandatory Bans: Section 486.4
Under section 486.4 of the Criminal Code, a publication ban protecting the identity of a complainant or witness is mandatory upon request in cases involving specified sexual offences. Any complainant or witness under 18 must be specifically notified of their right to request this protection, and if requested, the judge must grant it.
Discretionary Bans: Section 486.5
For victims or witnesses not automatically covered under the mandatory provision, section 486.5 allows a judge to order a publication ban on application, where the judge is satisfied it is in the interest of the proper administration of justice. This is a case-by-case determination, not an automatic entitlement.
The 2023 Bill S-12 Changes
Bill S-12, fully implemented through 2023–2024, significantly changed how publication bans operate in practice:
- Complainants gained enhanced rights to opt out of a publication ban altogether
- A new process, under section 486.51, allows a protected person to apply to have an existing ban varied or revoked
- Complainants can generally now speak about their own experience without criminal liability, provided they don't reveal another protected person's identity
These changes reflect a broader shift toward giving complainants more say over whether and how a ban applies to their own situation, rather than treating the ban as something imposed on them without input.
What Happens If a Ban Is Breached
Breaching a publication ban is itself a criminal offence, separate from the underlying case. This applies to media organizations and individuals alike — publishing or sharing protected identifying information, even inadvertently, can result in criminal liability.
Publication Bans for Young Persons
Separate and additional identity protections apply to young persons involved in the criminal justice system, under the Youth Criminal Justice Act. See our guide on youth criminal records in Ontario for how the YCJA more broadly protects young people's identities and records.
Common Misconceptions
Myth: “A publication ban means the whole case is secret.”
False. A ban restricts identifying information about specific protected people — it does not generally prevent reporting on the case itself.
Myth: “The complainant can never talk about what happened to them.”
False, at least since the Bill S-12 reforms — complainants can generally speak about their own experience, provided they don't identify another protected person.
Myth: “Publication bans are automatic in every case.”
False. Some are mandatory upon request in specific circumstances; others require a discretionary application and a judge's determination that it serves the interests of justice.
Have questions about a publication ban affecting your case? Call our Toronto criminal defence lawyers at 416-274-2222 for a free consultation.
Frequently Asked Questions
It prohibits publishing, broadcasting, or transmitting any information that could identify a protected person — most commonly a complainant or witness. It does not prevent reporting on the existence of the case, the charges, or the general facts, only information that would identify the protected individual.
No. Publication bans are only ordered in specific circumstances — either mandatory under section 486.4 for certain sexual offences upon request, or discretionary under section 486.5 for other victims or witnesses where a judge finds it is in the interest of the proper administration of justice.
Under section 486.4 of the Criminal Code, a publication ban protecting a complainant or witness's identifying information is mandatory upon request in cases involving specified sexual offences. Any complainant or witness under 18 must also be notified of their right to request such an order.
Under section 486.5, for victims or witnesses not automatically covered by the mandatory provision, a judge may order a publication ban if satisfied it is in the interest of the proper administration of justice — this is assessed case by case.
Bill S-12, fully implemented in 2023–2024, gave complainants enhanced rights to opt out of an existing publication ban, or to apply to have one varied or revoked, and created a clearer process (under a new section 486.51) for making those changes. It also confirmed that complainants can generally speak about their own experience without breaching a ban, as long as they don't identify another protected person.
Breaching a publication ban is itself a separate criminal offence. Media organizations and individuals can face charges for publishing protected identifying information, independent of the underlying criminal case.
Generally, yes, following the Bill S-12 changes — a complainant can typically speak about their own experience without breaching the ban, provided they do not reveal identifying information about another protected person, such as a young witness.
Yes, separate and additional identity protections apply to young persons under the Youth Criminal Justice Act, which generally restricts the publication of information that could identify a young person involved in the youth justice system.
Yes, particularly following the Bill S-12 reforms, which created a clearer process for a protected person to apply to have a ban varied or revoked if their circumstances or wishes change.
Not necessarily. A publication ban restricts what can be published about a person's identity — it is a different tool from closing a courtroom to the public entirely, which involves a separate and generally higher legal test.