Mug shot provisions absent from compromise budget
The final version of the state's new budget went to the governor without a provision meant to crack down on websites that charge people for the removal of their arrest photos.
Posted — UpdatedA previous version of the budget approved by the state Senate would require any sites requesting mug shots for publication to promise not to charge for its removal. Lying would result in a misdemeanor criminal charge.
The measure also went further, requiring publications to retract photos and names upon request when cases are dropped or end in acquittal. Organizations that don’t comply would rack up civil penalties and eventually open themselves up to defamation lawsuits.
That proposal rankled free speech advocates such as the North Carolina Press Association, which argued it would interfere with reporting on the criminal justice system.
Other versions of the proposal also emerged in House omnibus bills but never passed.
Across the country, states have tried to put similar laws on the books. Most recently, California lawmakers approved an effort to tackle the problem with fines for mugshot publications that charge to remove the images.
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