Mugshot Publishers Cannot Charge to Take Down Images

Senate Bill 1027 came into effect on January 1, 2015. The bill adds Section 1798.91.1 to the Civil Code, and makes it unlawful for a publisher of a booking photograph to request, require, or accept a fee or other consideration from a photographed individual to remove, correct, change, or refrain from publishing or otherwise disseminating the photograph. An aggrieved party may bring a civil action against the violator for damages in an amount equal to the greater of $1,000 per violation or the actual damages suffered from the harm, as well as any other legal or equitable relief available. It also allows for recovery of costs and attorneys’ fees.

No comments yet.

Leave a Reply