When Mugshot websites began proliferating over the Internet, it became “open season” for “preying upon the misfortune of others.” The business plan of these backroom enterprises is simple: Demand a hefty “fee” in exchange for removing the booking photo from the Internet. Few would disagree that this distasteful business practice is built on unfairly shaming people through the wholesale uploading and widespread dissemination of digital arrest booking photographs.
Legal Blackmail?
These online images create a legitimate fear that the individual could lose their job or have an application for employment summarily denied. Unlike one-day printed media publications, an online mugshot is accessible from every search engine and can remain in cyberspace for nearly eternity.
Mugshots and the corresponding arrest data are published on the Internet by these companies, regardless of the presumption of innocence and in the absence of any formal conviction. The photographs typically remain on the websites, despite an acquittal or the avoidance of a conviction secured through a withholding of adjudication, or a dismissal obtained via the pre-trial intervention program.
Online Access to Pinellas Mugshots to be Discontinued
Since 2005, the Pinellas County Sheriff’s Department has provided online mugshots of everyone booked into the Pinellas County Jail. The easy access and data mining of these images was routinely made through the “Who’s in Jail” page of the law enforcement agency’s website. In an official announcement made today, Sheriff Bob Gualtieri has terminated that practice. Effective January 13, 2014, the booking photographs will no longer be accessible to mugshot websites or any other member of the general public. In a prepared statement, Gualtieri said:
“A person may have to pay an exorbitant amount of money to go from site to site to remove these booking posts. A lot of these people have committed relatively minor crimes - or made a bad decision. The reposting of their booking photo isn’t illegal, but charging a fee to ‘remove it’ is unconscionable, verging on blackmail and clearly taking advantage of someone’s circumstances. So, we are doing our part to take away their ammunition.”
How to Get Booking Photographs Removed from the Internet
In the past, the public humiliation of seeing their booking photo on the Internet led most individuals to the inescapable quandary of how to get the image removed as quickly as possible. In short order, they learn that to get their photo removed, only two options were available:
1. Pay extortion to each of the the private companies running the mugshot websites in exchange for their promise to remove the offending images. Fees ranged from $399.00 to as much as $1,700.00.
2. Retain a mugshot removal company who would act as their “agent” in facilitating the removal of their booking photos from multiple sites. How these so-called “reputation management” companies facilitated this objective was the subject of much debate and criticism. There have been reports that a company running mugshot removal services may have been connected to the very company that published the images in the first place. It seems ironic that one questionable cottage industry has in effect, created a financial opportunity for another.
Hanging Their Hat on Free Speech & Public Service
Online mugshot entrepreneurs attempt to justify their conduct by reminding everyone that the booking photographs are a matter of “public record.” They also contend that they are providing a public service because their website could spur tips to law enforcement that might lead to an arrest for an unsolved case. These marketers likewise make the argument that their publication could deter others from committing crimes. However, it seems inconceivable that anyone would fall for their self-serving portrayal of these opportunistic websites as “just another news service.”
The First Amendment to the United States Constitution has been liberally interpreted to protect “free speech” in all forms of the media. This of course, includes publishing over the Internet. However, it is noteworthy that “commercial speech” made by an individual person or a company for the purpose of making a profit is not afforded the full protection of the 1st Amendment. Likewise, the 1st Amendment will not protect you from a defamation or “libel” lawsuit where your published content is proven to be false and has caused harm to the reputation of someone. When the person bringing the lawsuit is not a celebrity or a public official, it is unnecessary to prove that the falsehoods were made with “malice,” only that the published statements were made without adequate research into whether the facts were true.
Legitimate news reporting services employ journalists who practice principles of ethics and standards of fairness. They adhere to long standing “cannons of journalism” through their membership in the American Society of News Editors and the Society of Professional Journalists. Professional journalists are focused on truthfulness, objectivity and accuracy in their reporting of facts. That’s because, news reporters are expected to strive for impartiality and fairness in their stories. A journalist’s integrity is always held to “public accountability.” Clearly, this is not the case with entrepreneurs who are hawking mugshot websites. They could care less about journalistic aspirational goals and are motivated only by the opportunity to make a fast buck at the expense of someone recently arrested. Asking for money to remove the booking photo proves that there is no legitimate public interest to be served by the publication in the first place.
The Party’s About Over...
Florida Legislature Moves to Eliminate Mugshot Website Profits
Under Senate Bill 298 and House Bill 265, the Florida legislature is currently considering the passage of Florida Statute Section 836.12 that addresses booking photographs. This legislation would make it unlawful “to solicit, charge or collect” money in exchange for “the removal of a booking photograph or criminal record information from an Internet website.” It would further require any Internet website that publishes booking photographs or criminal record information to “clearly and conspicuously publish” detailed contact information for the purpose of allowing an individual to make a request for removal. One version of the legislation would enable an affected party the opportunity to bring a civil lawsuit for damages. A second version seeks to make the prohibited conduct a criminal offense. These bills have reached the committee level and are gaining favorable attention from legitimate media outlets. Sheriff Gualteri’s efforts in eliminating online booking photograph access from the PCSO website may demonstrate the likelihood that the proposed legislation will become law.
Been Arrested? You Need to Act Quickly
If you have been arrested in Pinellas County don’t wait until the eleventh hour to consult with a lawyer. Schedule a free consultation to meet with us. There may be early tactics and strategies that we can employ to protect your best interests. Opportunities to head off the filing of a criminal charge by the State Attorney’s Office can pass by within as little as three weeks of your arrest. You will want to have your attorney explore every avenue. Sometimes that can translate into speaking with a witness quickly or preserving evidence that might later become unavailable. Our office wants you to have every advantage. You are well advised to act swiftly if you wish to achieve the best possible outcome.
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Related Links:
Google Downgrades Page Rank of Mugshot Websites
Master Card Refuses to Back Mugshot Websites
First Lawsuit Settlement Over Online Mugshot Website
Mugged by a Mugshot Online – NY Times
Sealing Your Pinellas Arrest Records
Do All Employers Conduct Criminal Background Checks?
Colleges Get Smart Regarding Criminal Records
Expunge Your Pinellas Criminal Record & Land a New Job
Local Police & Prosecutors Use Facebook as Investigative Tool
The Importance of Avoiding Publicity After Your Pinellas Arrest
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