QUESTION

Is posting arrest photo on the internet claiming a person to be a sex offender.

Asked on Apr 10th, 2016 on Civil Litigation - Kansas
More details to this question:
I have been a nurse for over five years. I have an internet company showing a picture of an arrest photo that claims I am sex offender for the crime of child stealing when I was found not guilty in a court of law. Have all the evidence to prove that the photo is not true. I got my nursing license after the arrest many years later. I told the company that they were wrong. Offered evidence to get the picture pulled down and they stated they wanted 1000.00 to pull the picture down. Upon investigation found the company owner is a felon and can not even vote. How then can a man who is a non felon and a veteran and a nurse get any help? Do I have a case this picture is causes a lot of women to break the law in the nursing field in attempts to get my license. Can you all help me?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Does the caption under the photo say that you were a convicted sex offender, or that you were arrested for a sex offense?  The first is false, and defamatory - you can sue for libel.  The second is literally true, and you would probably only have a case for libel if you can show that the website was being deliberately misleading, and implying, falsely, that you had been convicted of the crime.
Answered on Apr 11th, 2016 at 1:54 PM

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