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Legality of Mugshots.com

by eireunjimuel
6 replies
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Hello everyone. I have been a follower of this forum. And I purposely created an account to ask a very important question. I believe one of you knows anything.

Is it legal for Mugshots.com to post your mugshot online before you go to court for the crime and to charge a fee to remove it?


Thanks
  • Profile picture of the author seasoned
    Personally, I would consider that extortion, but there is a whole internet industry revolving around EXACTLY that sort of thing. BESIDES, you can NEVER have it removed! Once someone publishes it, someone ELSE may pick it up, etc... That ONE picture shown for an hour could be spread around the world and become famous.

    Steve
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  • Profile picture of the author KimW
    I assume you mean you created your first account just now?
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    • Profile picture of the author Kay King
      This isn't a legal advice forum - you can put your query in google search and find pages of discussions about this.
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  • Profile picture of the author MoneyMagnetMagnate
    I would be inclined to agree with Steve on this...those "mugshots", though considered a matter of 'public record' and argued by first amendment protection, also could be considered and argued to be libelous, and the fact that they would try to charge you for the removal of libel they create, is tantamount to blackmail, and should be addressed as such - by criminal and civil lawsuit if necessary, and including full retraction and reputation management when needed. (imo)

    But...on the other side of the coin, they are trashy fun to look at...:rolleyes: and even more fun when you see a past ex or bad acquaintance in pre-comeuppance pictured...:p
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    • Profile picture of the author itworked
      Originally Posted by MoneyMagnetMagnate View Post

      I would be inclined to agree with Steve on this...those "mugshots", though considered a matter of 'public record' and argued by first amendment protection, also could be considered and argued to be libelous, and the fact that they would try to charge you for the removal of libel they create, is tantamount to blackmail, and should be addressed as such - by criminal and civil lawsuit if necessary, and including full retraction and reputation management when needed. (imo)

      But...on the other side of the coin, they are trashy fun to look at...:rolleyes: and even more fun when you see a past ex or bad acquaintance in pre-comeuppance pictured...:p
      Information published by agencies like sheriff offices is in fact legally considered to be public record and public record info per federal law can be republished without any legal liability. It certainly has the "feel" of blackmail but on the other hand it is a big disincentive for people to commit crimes when their mugs are displayed all over the net.

      Local newspapers have been doing this for years. "Yesterday's arrests" and then still get away with it today. So you can be there is no valid legal argument against publishing that stuff or they would have stopped long ago.
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      • Profile picture of the author MoneyMagnetMagnate
        Originally Posted by itworked View Post

        Information published by agencies like sheriff offices is in fact legally considered to be public record and public record info per federal law can be republished without any legal liability. It certainly has the "feel" of blackmail but on the other hand it is a big disincentive for people to commit crimes when their mugs are displayed all over the net.

        Local newspapers have been doing this for years. "Yesterday's arrests" and then still get away with it today. So you can be there is no valid legal argument against publishing that stuff or they would have stopped long ago.
        ,

        But, as in a Newspaper, you do have the right to a retraction - at no charge...(though it may wind up on pg.38 next to the obits)

        I have seen several local town newspapers print the 'police blotter', and though it may be the most popular item in the news that day, allowing 'public information' to be made that public should have always been in question - and you can argue 1st amendment all you like.

        In the case of Mugshots.com, that would be removal of the picture. If you are found guilty, there is no real recourse for you - as the line goes, "innocent until proven guilty"...and it should hold to that.

        I have not only seen people in human resources search that site and others like it in character searches for potential employees, (that weighs heavily on their decisions) - but insurance companies also gather that incriminating evidence, and can use it against you.

        And I believe you should also have the right to recrimination. It is tantamount to a false credit report.

        There is a famous story of the American West icon Annie Oakley, who was mistakenly accused of a crime she did not commit, and spent several years, her fortune, and lost her reputation because of false accusation...in the end, it tarnished her reputation and legend, and she never recovered from it.
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