and public hearing; (b) whether there is a real and substantial risk that the victim, witness or justice system participant would suffer significant harm if their identity were disclosed; (c) whether the victim, witness or justice system participant needs the order for their security or to protect them from intimidation or retaliation; (d) society’s interest in encouraging the reporting of offences and the participation of victims, witnesses and justice system participants in the criminal justice process; (e) whether effective alternatives are available to protect the identity of the victim, witness or justice system participant; (f) the salutary and deleterious effects of the proposed order; (g) the impact of the proposed order on the freedom of expression of those affected by it; and (h) any other factor that the judge or justice considers relevant. Sexual offence publication ban Under s. 486.4 (1), the court may make an order "directing that any information that could identify the complainant or a witness" not be published, broadcast or transmitted for any sexual offences (as listed in s. 486.4(1)(a)). Any complainant or witness under the age of 18 years must be notified of their right to make an application for an order, and if requested by the complainant, prosecutor or witness under 18 years of age, the judge must made the order. (s. 486.4(2)) Similarly, under 486.4(3), for charges under 163.1, the court must make an order in relation to any person who comprises the subject of child pornographic materials. Jury identification ban Under 631(6), the court or crown may order a publication ban on any information that may tend to identify jury members where it "is necessary for the proper administration of justice". Prominent cases In Canada, the role of publication bans came under intense scrutiny in April, 2005 when Justice Gomery issued a publication ban on the testimony of three key witnesses at the Gomery Inquiry in the sponsorship scandal. The ban was granted at the request of the lawyers for Jean Brault, Paul Coffin and Chuck Guité, who argued that intense media coverage would bias potential jurors for their upcoming criminal trials. Shortly after the ban was imposed, however, an edited summary of Brault's testimony was posted on an American blogger's website, where it was immediately accessible and became well-known to Canadians interested in the story. Also, the inquiry remained public, so the opposition parties were aware of what was being revealed