At Children and Youth Services, we balance the need to protect the privacy of very vulnerable people with our desire to be open and accountable about the work we do and how we do it.

We want to prevent children from being stigmatized because of their troubled home life or because of the services they receive. The negative effects of publicity can include a child being bullied, socially isolated and in some cases put at physical risk. Failure to respect people’s privacy can also deter people from seeking the help they need and dissuade them from reporting abuse. To help ensure the privacy of children and their guardians, the Child, Youth and Family Enhancement Act and the Protection of Sexually Exploited Children Act include publication bans.

What does the publication ban cover?

The Child, Youth and Family Enhancement Act, section 126.2 (1), bans the publication of information that would both identify a child, or the child’s guardian, and indicate that the child is receiving or has received services under the Act. This includes protection services, such as placement in foster care, and enhancement services, which enable families to continue caring for children in their home. The Protection of Sexually Exploited Children Act, section 6.3(1), includes a similar publication ban. Under this legislation, help is available to children who are sexually exploited through prostitution.

Experience shows us that journalists can write compelling stories while respecting the publication ban. One option is to indicate a child has received services without including the child’s name or other identifying information. Another option is to name the child but not report that the child is receiving or has received services under the Child, Youth and Family Enhancement Act or the Protection of Sexually Exploited Children Act.

Examples:
Child  not named – A local foster mother is encouraging other Albertans to open their hearts to children who need a loving home. Jane Doe is a foster mother of two siblings, ages eight and three. “I feel safe here,” said the eight year old boy.

Child named – The police are searching for John Doe, 10, who was reported missing last night. John, who was apparently upset about an argument he had with his mother, was last seen wearing a red shirt, black jeans and running shoes.

Are there any exceptions to the publication ban?

There are circumstances in which the child or guardian can be identified in connection with their involvement with Children and Youth Services:

• Children and Youth Services believes it is in the best interest of the child or necessary for the administration of justice and consents to the publication.
• The child is over 18 and consents to the publication.
• The court grants permission, upon application by the child or guardian, to publish information because it is in the best interest of the child or in the public interest.

Parents who wish to discuss their child’s particular situation with the media can certainly do so; however the permission of Children and Youth Services or an order of the Court is needed to publish the identity of their child.

What is the penalty for breaching the publication ban?

Anyone found guilty of breaching the publication ban can be fined up to $10,000. The police decide whether to lay charges and the Crown decides whether to prosecute.

If you are unclear about whether a story breaches the publication ban, you are encouraged to seek legal advice.