Nova Scotia's Public Prosecution Service has been instructed not to prosecute anyone who publishes the name of the victim in a high-profile child pornography case.
The attorney general and Justice Minister Lena Metlege Diab said Wednesday there is one major exception — that Rehtaeh Parsons's name cannot be used in a derogatory way.
"The intent of this directive is to make it clear that the respectful use of Rehtaeh's name will not be prosecuted," said Diab in a news release Wednesday morning.
"This decision wasn't made lightly. I carefully considered the original intent of the law to protect victims, and I listened to the views of Rehtaeh's parents [who wanted their daughter's name used], supporters, legal experts and Nova Scotians. This directive strikes the right balance."
Derogatory means anything disrespectful, says a spokesperson for the PPS, though she wouldn't be more specific.
Last month, the Chronicle Herald, published in Halifax, broke the ban in its court coverage of the case.
Two young men have pleaded guilty to child pornography charges over a photo of Rehtaeh, who died by suicide at age 17 in April 2013.
The men cannot be identified because they were minors at the time of the offence in the fall of 2011. One of the men who pleaded guilty to distributing child pornography last month will be sentenced Jan. 15 after a pre-sentence report is prepared.
Parsons's death made international headlines and her name became synonymous with a cross-Canada debate over sexual assault and bullying.
Wednesday's directive isn't a new position, but rather clarifies how the PPS has been advising police since the ban was imposed in May, said the release.
Before the Chronicle Herald breached the ban, another journalist and several members of the public were investigated for doing the same, but police announced at the time they wouldn't be laying charges.
Rehtaeh Parsons's death in 2013 made international headlines and her name became synonymous with the debate over sexual assault and bullying. On Wednesday, Nova Scotia's Public Prosecution Office was instructed not to prosecute anyone who publishes the teen's name, as long as it's not done in a derogatory way. (Instagram)
Public prosecutors have been asked for months to provide a directive, but have declined, saying it would be unprecedented.
"Clarity was needed, and that's what this directive does," said the PPS's director, Martin Herschorn.
Diab had been personally "consulting on this for some time" with Herschorn, said Chris Hansen, speaking for the prosecution service.
How prosecutors would define derogatory was hard to clarify, said Hansen. It could be any statement that uses Rehtaeh's name "in a disrespectful way," she said.
A coalition of media organizations, including CBC, appealed the ban last spring, but Judge Jamie Campbell upheld it, saying he had no other option under the law. However, he said it "served no purpose" in this case, and in his written decision, he noted that Nova Scotia public prosecutors could decide not to prosecute breaches.
Halifax Regional Police have full control over whether to lay charges in any case, though they would consult with public prosecutors prior to making their decision.
A police spokesman, Const. Pierre Bourdages, had no immediate comment on Wednesday on whether police would operate under a similar blanket decision not to lay charges over the ban.
The Parsons family says the girl was sexually assaulted by four boys at a party when she was 15 years old, and then a digital photo of the incident was circulated at school and on social media.
After her suicide attempt, the 17-year-old was taken off life support a few days later.
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