Lastly, some private companies have taken action against some of the websites that charge fees to remove mug shots. Notably, public records laws in some states do not expressly address whether mugshots are public records, and thus their release may be left to the discretion of law enforcement. Indeed, some of the proposed legislation listed below would specifically provide that booking photographs are to remain public record. Journalists and others assert that these photographs should remain in the public realm. Several states have addressed these concerns by prohibiting law enforcement from releasing mug shots, prohibiting websites from charging fees for the removal of mug shots from a web site or otherwise regulating these sites' practices.Ĭritics of this type of legislation consider access to booking photographs shots an important part of journalistic coverage, freedom of speech and the public’s right to know. Once on the web, however, the photographs can be copied and redistributed by other sites, and individuals who had charges dropped or were found not guilty can find it difficult to repair their online reputation. Some sites will remove photos at no cost for those who can show that charges were dropped or that they were found not guilty others charge a fee. In recent years, booking or arrest photographs (mug shots) obtained from law enforcement websites have been reposted on commercial websites, some of which charge a fee to have the photographs removed.
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