Gag Orders for Facebook?

There's an article in the Toronto Star on a police injunction and a gag order surrounding the murder of14 year old Stefanie Rengel. 

stephanie rengal Stephanie Rangal Stephanie Rangel
In Canada there are strict laws regarding young offenders and their placement in news media.  For the most part, when asked to keep quiet, traditional media will do as its told.  In the case of Stefanie Rengel, such an order was issued to keep the names of the victim and accused quiet.

Not surprisingly, shortly after the gag order, tribute pages started popping up on Facebook.  The family would have to launch a formal complaint, which is unlikely against a tribute page, but it certainly raises issues.

Such as, how do you police the entire internet when it comes to gag orders? 

To me it is reminiscent somewhat of the invention of VCRs.  The movie industry fought the inevitable with vigor, and now owes its very existence to their fervent use.

I think we need to adapt our laws to the changing times, and not the other way around, but I'm not sure how we can do that while still protecting the identity of young offenders.  How do we make sure a kid who is accused of something doesn't have his name turn to Mud until after he's convicted if anyone can write anything on the internet and traditional gag orders are ineffectual?

Right now the law itself is up in the air, as Facebook is not so obviously a "publication." "It's a very good question if the people who post things on Facebook are actually breaking the YCJA," Peel Const. Wayne Patterson said. "I guess it all boils down to whether Facebook is eventually determined by somebody that it is a publication."

Thanks to Anthony LaFauce over at Allfacebook for the heads up

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