Is it legal to post mugshots on Facebook?

[Joe C]

Just curious of the legalities surrounding publishing mugshots on a social media website like Facebook. Is it legal for anyone to post someones mugshot and refuse to take it down, or can only law enforcement and government agencies post mugshots on public Facebook pages like this?

[How to remove a mugshot from Facebook]

Yes, publishing mugshots on a social media platform like Facebook is generally legal, but there are some important factors to consider regarding privacy, consent, and local laws.

1. Public Domain Status

In most jurisdictions, mugshots are considered public records if they come from law enforcement agencies. Since they're public records, anyone with access to them—whether individuals or companies—can legally repost these images online, including on social media platforms like Facebook. This principle means that a person’s mugshot can be legally shared by anyone, not just law enforcement or government agencies.

2. Free Speech and Public Interest

Posting a mugshot can often fall under "freedom of speech," especially if shared for reasons related to public interest, such as crime reporting or public safety. Courts have generally upheld the right to publish this information, as long as it doesn't violate specific privacy rights or defamation laws.

3. Right to Request Removal

While it may be legal to post someone’s mugshot, refusing to remove it upon request could lead to challenges under certain privacy or defamation laws. Several states, including California, Texas, and Utah, have enacted legislation that restricts the use of mugshots for public shaming or commercial gain, particularly when the subject requests removal or when the mugshot no longer reflects the current legal standing (such as if charges were dropped or expunged).

4. Facebook’s Community Standards

Even though Facebook allows public posts, the platform enforces Community Standards. Posting mugshots with harassing, shaming, or defamatory intent could result in the post's removal, as it may be considered a violation of Facebook's policies. If the subject of the post reports it, Facebook might review and potentially take it down if it violates these standards.

5. Legal Recourse

If someone’s mugshot is posted and the person feels it's harmful, they may seek legal recourse to have it removed, especially in cases of expunged records. However, legal actions can vary depending on the state and specific situation.

For anyone concerned about privacy or having their mugshot removed from social media, consulting a legal expert can be beneficial. There are also reputation management services that specialize in helping people remove unwanted mugshots and negative online content.

For more information on removing mugshots from social media, you can refer to Defamation Defenders' guide on Facebook Mugshot Removal. This resource provides insights into legal considerations and strategies for handling unwanted mugshots posted on platforms like Facebook.