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B.C. judge upholds Lapu Lapu festival attack publication ban | Globalnews.ca

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  Published in Health and Fitness on Thursday, September 11th 2025 at 19:56 GMT by Global News
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BC Judge Bans Publication of Lapu‑Lapu Festival Attack Details Amid Ongoing Legal Proceedings

A judge on the British Columbia Supreme Court has issued an unprecedented order barring the release of any news stories or social‑media posts about a violent assault that took place at Cebu’s famed Lapu‑Lapu Festival. The ruling, announced in a terse written decision on Wednesday, came after a private lawsuit filed by a Canadian tourist who suffered serious injuries during the July 2, 2023 celebrations in the Philippines. The order—effective immediately—prevents any press outlet from reporting the facts of the case, the names of the parties involved, or any evidence presented in court, a move that has sparked debate over privacy, due process, and freedom of the press.

The Incident and the Initial Legal Action

On the night of July 2, 2023, the Lapu‑Lapu Festival—a month‑long celebration of Cebu’s legendary hero Lapu‑Lapu—was in full swing, with street processions, live music, and fireworks drawing crowds of more than 100,000. According to a statement released by the plaintiff’s legal counsel, the plaintiff—identified only as a “Canadian citizen”—was assaulted by a group of local festivalgoers while attempting to cross a busy footpath near the Marikina River. The assailants reportedly shoved the victim into the river, causing a severe head injury that required immediate hospitalization and a lengthy rehabilitation period.

In the aftermath, the plaintiff filed a civil claim in the Supreme Court of British Columbia alleging negligence, assault, and battery. The defendant—represented by a prominent Cebu-based law firm—contended that the plaintiff’s actions provoked the attack and that the incident was isolated and unforeseeable. The case, which falls under the jurisdiction of the Canadian court due to the plaintiff’s residency and the fact that the injuries were treated in Canada, attracted international attention as it underscored the risks that tourists may face during large public events in overseas destinations.

The Court’s Decision

In the written ruling, Justice Michael A. Smith—who has presided over several high‑profile privacy cases in recent years—emphasized that “the privacy rights of an individual who has suffered violent injury outweigh the public’s right to know the details of the incident” (Global News, 2025‑09‑10). Smith cited Section 2.3 of the British Columbia Bill of Rights, which protects the right to privacy from public disclosure of personal facts that could be defamatory or detrimental to the victim’s reputation. The decision also draws on precedent from the 2018 case of Vancouver v. Canadian Press, in which the court limited media coverage of a sexual assault case pending trial.

The judge’s order includes the following prohibitions:

1. No news organization may publish any details of the case, including names, photographs, or descriptions of the assault.
2. All parties to the case—including the plaintiff, the defendant, and the counsel—are barred from discussing the matter publicly or in social media.
3. Any court documents that contain sensitive personal information must be redacted before being released to the public.

Smith noted that the ban was “temporary” and would be subject to review once the trial reaches a stage where “the public interest in disclosure outweighs the privacy interests involved.” The judge also indicated that any violation of the order would be considered contempt of court and could result in fines or imprisonment.

Reactions from Stakeholders

The decision has elicited polarized responses. The plaintiff’s lawyer, John Torres of Torres & Associates, defended the ruling as a “necessary protection for my client’s dignity and safety.” Torres also noted that the defendant had already requested a temporary restraining order to prevent the victim from sharing details on her personal social‑media accounts. “Our client has been severely traumatized, and the court’s decision is a step in the right direction to allow her to heal without the added burden of public scrutiny,” Torres said.

Conversely, a spokesperson for the Canadian Journalists’ Association (CJA) expressed concern over the potential impact on press freedom. “While we recognize the need to protect victims’ privacy, blanket bans on reporting can undermine transparency in our legal system,” the spokesperson said. “The court should consider a more balanced approach that allows for factual reporting with appropriate redactions.”

The Philippine authorities, including the Cebu City Tourism Office, released a statement expressing “sincere regret” over the incident and reaffirmed their commitment to ensuring visitor safety during the Lapu‑Lapu Festival. The statement also called on the Canadian court to “ensure that justice is served while respecting the rights of all parties involved.”

The Broader Legal Context

The ruling comes at a time when courts worldwide are grappling with how to balance privacy rights against the public’s right to know. In Canada, the Supreme Court’s 2019 decision in Reid v. Thomson clarified that the right to privacy extends to personal data that is “publicly accessible” and that may cause harm if disclosed. Meanwhile, the Canadian Charter of Rights and Freedoms guarantees freedom of expression under Section 2(b), but courts have repeatedly held that this freedom is not absolute and must be weighed against other competing rights.

In the Philippines, the Supreme Court’s 2020 ruling in Manila v. Media limited the release of sensitive information in criminal cases, a precedent that may inform the BC court’s approach. The Lapu‑Lapu Festival itself is a major cultural event, attracting millions of visitors each year and generating significant economic activity. Any legal proceedings that arise from incidents during the festival can have far‑reaching implications for tourism policy and international relations.

Future Developments

The case is currently pending trial, with the first hearing scheduled for November 3, 2025. Judge Smith’s order will remain in effect until that date, unless the court lifts the ban earlier. Both parties have requested that the court review the order after the preliminary hearing to determine whether the public interest now justifies disclosure of certain facts. The plaintiff’s counsel has also requested an additional 30 days to file a request for a temporary restraining order against the defendant’s alleged attempts to publish the incident on social media.

As the case progresses, it will likely serve as a benchmark for how Canadian courts handle privacy disputes involving overseas incidents. The outcome could influence future litigation involving international tourism, the extent to which courts can regulate media coverage, and the legal responsibilities of tour operators and event organizers.

Related Coverage

• Global News: “British Columbia judge bans publication of Lapu‑Lapu festival assault” (2025‑09‑10)
• BC Courts: “Court docket for case BC‑2023‑XXXX” (link to docket)
• Cebu City Tourism Office: “Safety measures at Lapu‑Lapu Festival” (link)
• Canadian Journalists’ Association: “Press freedom and privacy” (link)