8/30/2023 0 Comments Profitability of gore websites"It's an uphill battle to get an order to prevent the publication of this video," says Fraser. What are Jun Lin's rights in this terrible story as the victim of a crime now viewed by hundreds of thousands of people? Police would be able to go to court to get a legal process that would compel the operator of the website to hand over that information."Īnd then there's the victim, identified Friday as a 33-year-old student from China named Jun Lin.Ĭontrast this widely searched internet video with the closely guarded evidence the Crown held in the Paul Bernardo trial in recognition of the rights of his murder victims and their families. "The video itself would be evidence of a crime. ![]() "The video, from all appearances, is a document of a horrific crime in progress," Fraser says. Bystanders have no obligation under Canadian law, and the person who posted the video likewise has no special legal burden to report the contents to police.īut that person may be accountable on another front: he could be compelled to reveal the source of the video, the person who gave it to him, which Marek has said he won't do. I asked Fraser if people viewing the video of a suspected killing have a legal obligation to report it. His site publishes a mission statement that argues: "Through uncensored reporting, people can learn the truth about criminals who could be operating out of their neighbourhoods, about how safe or dangerous countries your teenager is about to visit really are, or about what human beings are truly capable of doing to one another."Īll of this makes the public good argument a possible defence. Marek told Day 6 Best Gore is a "reality news website" and he reports on real-life events. A 33-year-old undergraduate student at Montreal's Concordia University, he has been identified as the man who was brutally killed sometime last week. Lin Jun is shown in this undated photo from his personal Facebook page. And there is also a 'public good' defence that’s built into the Criminal Code." "Everybody has the right of freedom of expression, not just the conventional media." Fraser says. Would pressing charges pass Charter scrutiny? ![]() "We have Criminal Code provisions dealing with obscenity and it deals with the combination of horrific violence, degradation, dehumanization with a sexual component," Fraser says.īut then there’s the matter of the Charter of Rights and Freedoms. ![]() I asked David Fraser, a privacy, internet and media lawyer with McInnes Cooper in Halifax, what that action might be. "There are laws on the books against that kind of website," Vic Toews said, "and I expect police would look into those things and take the appropriate action." Among those calling for the abolition of sites like Best Gore this week was Canada's minister of public safety. "Had the police not ignored the reports made at the time, they would have likely caught the perpetrator red-handed, while still in the apartment."īut it's clear Marek is speaking for a minority. "Members of Best Gore identified the perpetrator four days before the discovery of the torso in Montreal and the foot in Ottawa," Marek told CBC's Day 6 via email. Mark Marek places their actions and the role of his website firmly within the public good. The Edmonton-based operator of Best Gore says it’s proof his clients are not sick voyeurs. But astonishingly, some commentators on the site identified the perpetrator in the video as the man police now name as the suspect, Luka Rocco Magnotta. That a fringe online community witnessed and commented - some callously - on an actual killing is unsettling enough. A police officer removes a package containg a human foot from the Conservative Party headquarters in Ottawa on Tuesday, May 29, 2012.
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