Can You Be Arrested For Photoshopping ?

[joeyballsack]

A local community forum I frequent is going through a bit of a controversy lately.

A car salesman in the community is being investigated by the NYS AG for failing to pay off car loans on trade in he has taken in.

http://www.oag.state.ny.us/media_center/2009/jan/jan16a_09.html

This resulted in a thread on the discussion board and during the coarse of the thread, someone posted a photoshopped picture of the car dealer being led away in handcuff somewhat similar to this:

http://www.microwaves101.com/encyclopedia/images/slang/perpwalk.jpg

That has resulted in the car dealer hiring a private investigator to determine the identity of the person who posted the picture. A bounty has been offered up for anyone coming forth with the persons information and further legal action has been threatened.

http://www.watertowndailytimes.com/article/20090124/NEWS03/301249990/-1/NEWS

My question is I guess, would be if a photoshopped image would be protected under free speech ? Could it be considered parody similar to the Hustler Falwell ad, or satire similar to a political cartoon or is it libel/slander ?

[hammersavage]

What I think he did was put another person's head on a different body. I've done a little collage work myself.


That guy looks like Karl Rove.

[~Katja~]

especially if it was labeled as a photoshop and not the real deal then it should fall into the humor/ satire category.
If it was an image claiming that this is how he was lead away by police and it's supposed to portrait an actual situation then I guess it could be considered slander.

[GreatAmericanZero]

i really thought this thread was going to be someone arrested for like, putting childrens faces in pornos or something weird like that

[Snoogans]

I would dime Photoshop Mike out in a heartbeat for some bounty money

[joeyballsack]

That guy is Karl Rove. The photoshop that was done used that same picture with the car dealers head attached to it replacing Rove.

I am not sure if it was posted that the picture was a photoshop, and the thread has been pulled by the moderators so I cant really go back and check. I want to say that there was nothing labeling it as such though, it was just left to the reader to determine that for themselves.

[Serpico1103]

The dealer is probably a "private" person, not a public figure, like a politician or a celebrity. So, the courts are stricter. But, the crime might make it a "public matter." So, his status as a private citizen is than less relevant. Obviously, the photoshopper knows it's "false" so that is easy to prove. The only question would be damages.
However, if it was clear that it was an altered picture, then there would be no libel case. It would be considered commentary more than maliciously reporting a falsehood as fact.
Also, a retraction my protect them from a lawsuit, depending on the law.

That is my opinion.

[Tenbatsuzen]

The dealer is probably a "private" person, not a public figure, like a politician or a celebrity. So, the courts are stricter. But, the crime might make it a "public matter." So, his status as a private citizen is than less relevant. Obviously, the photoshopper knows it's "false" so that is easy to prove. The only question would be damages.
However, if it was clear that it was an altered picture, then there would be no libel case. It would be considered commentary more than maliciously reporting a falsehood as fact.
Also, a retraction my protect them from a lawsuit, depending on the law.

That is my opinion.

Correct. If the Car Dealer was actually arrested and charged and then becomes part of public record, then it's a little more leeway. But the damages are also tainting the jury pool if the pic is out before he's been charged with anything.

So to review:

Milla Jovovich on Eve Lawrence's body = Good

Your High School Gym Teacher on Eve Lawrence's Body = No good

[Serpico1103]

Milla Jovovich on Eve Lawrence's body = Good


You mean with photoshop right? Because otherwise I have some ether and a hacksaw.

[FezsAssistant]

i really thought this thread was going to be someone arrested for like, putting childrens faces in pornos or something weird like that

or for putting adult faces in child porno

[Serpico1103]

i really thought this thread was going to be someone arrested for like, putting childrens faces in pornos or something weird like that

That I think is still legal, so don't wipe your hard drive just yet.
Only the use of real kids makes it kiddie porn.

[SatCam]

Can You Be Arrested For Photoshopping ?

No you can't. And that's why the photoshopper wont.

It's a civil issue not a criminal issue, that's what it's being pursued by a Private Dick and not the police.

Sure the photoshop dude might see his day in court, but he won't be in cuffs, and the worst he can walk away with is an empty wallet.