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发表于 2021-1-26 19:14
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本帖最后由 starau 于 2021-1-26 20:22 编辑
melon 发表于 2021-1-26 11:35
“塔州的性侵受害者限制言论自由法（gag law)下她无法公开说她的体验，而对性侵者和媒体则无此类限制”
说 ...
Gag law是媒体的称呼，实际上指的是Section 194K of the Evidence Act 2001。
2020年4月6日，塔省自由党占多数的下议院通过了更改这条法律。塔省工党全力配合，工党关于此事的声明如下：https://taslabor.com/labor-welco ... t-victim-gag-order/
相关背景知识：Evidence Act 2001通过时塔省是工党领衔的议会。2018年，塔省工党意识到Wording around ‘relationships’ outdated and misleading。如前文提到，2020年在自由党占多数的塔省议会，两党共同通过了changes to the Tasmanian Evidence Act 2001 – section 194K。
修改前的原文如下：
Section 194K of the Act says:
(1) A person, in relation to any proceedings in any court, must not, without a court order, publish or cause to be published in any newspaper, journal, periodical or document or in any broadcast by means of wireless, telegraphy or television –
(a)
the name, address, or any other reference or allusion likely to lead to the identification, of –
(i) any person in respect of whom a crime is alleged to have been committed under section 124, 125, 125A, 125B, 126, 127, 127A, 128, 129, 185 or 186 of the Criminal Code; or
(ii) any person in respect of whom an offence is alleged to have been committed under section 35(3) of the Police Offences Act 1935; or
(iii) any witness or intended witness, other than the defendant, in those proceedings; or
any picture purporting to be a picture of any of those persons.
(b)
(1A) A person, in relation to any proceedings in any court, must not, without a court order, publish or cause to be published in any newspaper, journal, periodical or document or in any broadcast by means of wireless, telegraphy or television –
(a) the name, address, or any other reference or allusion likely to lead to the identification, of –
(i) any person in respect of whom a crime is alleged to have been committed under section 133 of the Criminal Code; or
(ii) the person who is alleged to have committed that crime; or
(iii) any witness or intended witness in those proceedings; or
(b) any picture purporting to be a picture of any of those persons.
(2) A court is not to make an order under subsection (1) or (1A) unless satisfied that it is in the public interest to do so.
Department of Justice
(3) A court may make an order under subsection (1) or (1A) subject to any specified conditions.
(4) A person who publishes or causes to be published anything in contravention of this section commits a contempt of court and is liable to punishment for that contempt as if it had been committed in the face of the court against which the contempt is committed.
修正后的版本全文在这里：https://www.legislation.tas.gov. ... -04-24/act-2001-076
如果法律原文太绕口的话，这里有更加通俗的解释：http://www.jatl.org/blog/2019/8/ ... -tasmanias-gag-laws
Under Tasmanian law, the anonymity of sexual assault survivors is protected under s 194K of the Evidence Act 2001, which stipulates that a person can only publish something that identifies a victim of sexual crimes with a court order.
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