Is it illegal for someone to post a mugshot on Facebook?

[How to remove a mugshot from Facebook]

I see a lot of mugshots floating around Facebook, and never paid much attention to it until a friend of mine was arrested for a DUI and soon there after found out that his mugshot showed up on Google Search Results when you searched his name.  His main concern was the 3 Facebook posts featuring his mugshot that showed up on the first page of Google results for his name.  

Why is this not illegal?  Is there any legal recourse or recourse through Facebook Community Guidelines to get the content deleted?

[Joe C]

Seeing a mugshot of yourself or someone you care about shared on Facebook can be distressing and embarrassing. If you’ve come across mugshots shared on Facebook—either as part of public shaming or otherwise—this guide will walk you through your options for removing the content, understanding the legalities, and protecting your online reputation.

---

Why Mugshots Appear on Facebook and Google

Mugshots are typically public records, meaning they are accessible through law enforcement databases and websites. Third-party websites often aggregate these records and monetize them by charging removal fees. When these images are shared on Facebook, they can quickly spread through likes, shares, or comments, making them highly visible, especially if they rank high on Google searches for someone's name.

---

Is It Legal to Post Mugshots on Facebook?

In most jurisdictions, sharing mugshots is legal because they are considered public records. However, how the mugshots are shared and the intent behind the sharing matter:

• Defamation or Harassment: If the mugshot is shared with malicious intent, such as to harass or defame, this may violate laws or Facebook's Community Standards.
• Facebook Policies: Facebook prohibits bullying, harassment, and sharing private or sensitive information that could harm someone. If the mugshot is shared to shame or target someone, it may violate these guidelines.

---

Steps to Remove a Mugshot from Facebook

If you want to remove a mugshot from Facebook, here are the steps you should take:

1. Report the Post to Facebook

Facebook provides tools to report posts that violate its policies.

• How to report:
  • Click the three dots (...) on the post.
  • Select "Find Support or Report Post".
  • Choose a reason, such as "Harassment", "Bullying", or "Privacy Violation".

Facebook will review your report and may remove the content if it violates their Community Standards.

2. Contact the Person Who Shared the Post

Sometimes, reaching out to the individual who shared the mugshot can resolve the issue. Politely explain your concerns and request that they take the post down.

3. File a Copyright or Privacy Violation Claim

• If the mugshot was shared without authorization, you can file a Digital Millennium Copyright Act (DMCA) takedown request if you own the rights to the image.
• For privacy concerns, you can report a privacy violation to Facebook, especially if the mugshot was shared with malicious intent.

4. Seek Legal Assistance

If the mugshot is being used to defame or harass, consult an attorney to explore legal options. Some states have laws restricting the commercial use of mugshots or specific protections against online harassment.

---

Improving Your Online Reputation

Even if you manage to remove the mugshot from Facebook, it may still show up in Google search results. Here’s how to manage that:

1. Request Google to Remove Outdated Content:
   Use Google’s Outdated Content Removal Tool to request the removal of links to deleted Facebook posts.
2. Bury Negative Search Results:
   • Create positive content about yourself to push the mugshot down in search rankings.
   • Use social media, blogs, and professional profiles to promote positive stories and achievements.
3. Hire a Reputation Management Service:
   Professionals can help clean up your online presence and suppress negative results.

---

Understanding Facebook Community Standards

Facebook prohibits the following types of content:

• Harassment and Bullying: Posts intended to degrade or shame someone.
• Privacy Violations: Sharing personal information without consent.
• Hate Speech or Defamation: Posts that attack a person’s character based on false claims.

When reporting a mugshot, focus on explaining how the post violates these standards to increase the likelihood of removal.

---

Final Thoughts

Removing a mugshot from Facebook can be challenging but is often achievable through persistence and understanding the platform’s policies. By reporting the content, exploring legal recourse, and managing your online reputation proactively, you can mitigate the damage caused by the unwanted exposure.

If you’re struggling with this issue, don’t hesitate to seek professional help, whether from a lawyer, online reputation management expert, or mugshot removal company. A proactive approach can make all the difference.