Legality of posting photographs

[ScareCrowe]

I am curious about the legality of posting photographs of people caught in the act of breaking the law. Is this legal? Is this partially legal, as in can I post photographs (That I take myself) of people and mask their identity with black bars over their eyes? I ask because I have been frustrated with a specific intersection in town that drivers keep blocking. It is a semi-main intersection and I am getting frustrated because everyday, literaly, I get trapped there. The intersection has a "Do not block intersection" sign clearly posted before the intersection, but this does not deter drivers, even police vehicles have blocked this road! I want to stand out there just one day and photograph every driver who blocks the intersection, get their license plate # and post those photos on the web (W/O license #).

I also wonder whether I could go one step further and actually use the photographs as evidence and 'force' action to be taken against the drivers themselves? Can my photographs be strong enough evidence to permit local police to issue tickets to these drivers?

Thanks in advance for any advice anyone can give me!

--ScareCrowe

 

[Michael Wechsler]

I don't see the problem you have with taking picures of the intersection and using them to show the police, formalize a complaint, etc. with regard to violations of law in your area that are not enforced. Publishing their photos is another thing entirely and I'm also not sure whether a web site would accomplish your goals as much as a formalized complaint to the police and your local politician, replete with supporting evidence.

 

[ScareCrowe]

Yes, I was thinking it shouldn't be a problem if I used the photos to file a complaint. My idea for publishing on the web is more of a 'self-gratifying' response to the situation. I considered standing on the corner with a big sign that read to this effect:

Free IQ test today!

What does this sentence mean?
'DO NOT BLOCK INTERSECTION'

www.somedomain.com to see if you passed!

Hoping that some public humiliation would deter people from doing it. The biggest concern I had was whether it would be libelous. I have researched several law sites regarding defamation and libel.

If I understand correctly, in order for litigation to occur the plaintiff would have to prove: 1. That it is them being refered to, 2. That the statement is belittling or damage causing, 3. that the statement was made available to the public.

I do not understand some of the requirements for defense however, as they seem confusing. I believe the best defense is truth (Justification), but the definitions I've seen for "Fair Comment" seem to conflict where this needs to be opinion, not statement of fact.* So it would seem to me simply publishing photos of individuals commiting offences would be libelous, regardless of whether they were 100% accurate and true?

I apoligize for rambling on about this! I am just trying to work it out in my head. Honestly, the idea of publishing this material sounds like much more fun than pursuing legal action against the individuals themselves.

Thanks again,
ScareCrowe

*See: http://www.davenportlyons.com/www/publications/guidelines/defamation_guidelines.pdf

 

[Michael Wechsler]

In order to win a libel case, you are somewhat correct and the elements have been listed here before. What you have mistaken is that:

1. The statement was published (written form for libel)
2. The victim was identified; the libel was "of and concerning" the plaintiff)
3. The statement was defamatory (false and damaging to reputation)
4. The victim was injured
5. The defendant was at fault

If you knock out one of these elements, the case is over. If the statement is not false then the statement cannot qualify as libel.

Originally posted by ScareCrowe
Yes, I was thinking it shouldn't be a problem if I used the photos to file a complaint. My idea for publishing on the web is more of a 'self-gratifying' response to the situation. I considered standing on the corner with a big sign that read to this effect:

Free IQ test today!

What does this sentence mean?
'DO NOT BLOCK INTERSECTION'

www.somedomain.com to see if you passed!

Hoping that some public humiliation would deter people from doing it. The biggest concern I had was whether it would be libelous. I have researched several law sites regarding defamation and libel.

If I understand correctly, in order for litigation to occur the plaintiff would have to prove: 1. That it is them being refered to, 2. That the statement is belittling or damage causing, 3. that the statement was made available to the public.

I do not understand some of the requirements for defense however, as they seem confusing. I believe the best defense is truth (Justification), but the definitions I've seen for "Fair Comment" seem to conflict where this needs to be opinion, not statement of fact.* So it would seem to me simply publishing photos of individuals commiting offences would be libelous, regardless of whether they were 100% accurate and true?

I apoligize for rambling on about this! I am just trying to work it out in my head. Honestly, the idea of publishing this material sounds like much more fun than pursuing legal action against the individuals themselves.

Thanks again,
ScareCrowe

*See: http://www.davenportlyons.com/www/publications/guidelines/defamation_guidelines.pdf