An owner of websites that publish names and likenesses of recent Florida arrestees will have to defend himself against invasion of privacy claims according to this federal ruling.
Florida's right to privacy is much more explicit and stronger than its federal counterpart. Unlike the US Constitution, Florida's Declaration of Rights includes a specific protection against the government intruding into your private life.
But what about intruders that aren't the government? In addition to the recognized common-law tort of invasion of privacy, Florida Statutes Section 540.08 prohibits companies and individuals from using your name, picture, or likeness without your express permission. The protection even lasts after you die (a designee or family member must then provide the consent).
This website was a commercial website according to the federal ruling because it received advertising revenue and provided a way for recent arrestees to pay the website to remove the arrestee's picture and name from the site.
From here, the defendant website owner will fight to win on the merits of the case. The case is still in its early stages and there is no timeline for the final decision yet.
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