Hawaii Senate Bill SB2631

Hawaii 2024 Regular Session

• Introduced: 1/19/24
• Refer: 1/24/24
• Report Pass: 2/16/24
• Report Pass: 3/1/24
• Refer: 2/16/24
• Engrossed: 3/5/24
• Refer: 3/7/24

Caption

Relating To Arrest Photographs.

Impact

By prohibiting commercial operators from publishing mugshots for financial gain, SB2631 establishes legal protections for individuals whose images are posted without consent or whose charges have been dismissed. This bill effectively aims to mitigate the exploitative practices of mugshot websites that profit from individuals' unfortunate circumstances, enhancing the privacy rights of citizens in Hawaii. Moreover, it categorizes the publication of these images as a business activity within the state, potentially allowing for increased regulatory measures.

Summary

SB2631 aims to address the issue of booking photographs, commonly known as mugshots, being published and monetized by commercial websites. The bill underscores the difficulty individuals face in having their arrest photographs removed from these sites, particularly when charges are dropped or when they are found not guilty. Furthermore, the proliferation of such mugshots online not only impacts the individuals concerned but also raises significant concerns about the permanent damage to their digital reputations.

Contention

Despite its protective intentions, the bill has faced some contention regarding its implications for freedom of speech and the press. The exemptions included in the legislation indicate that news dissemination related to public interest is not restricted under this law. Critics may argue that this could lead to gray areas where journalistic practices might be unintentionally hindered. Additionally, there is the question of enforcement and whether the penalties outlined—ranging from $100 to $500 per day for violations—are adequate to deter non-compliance by commercial website operators.