Posting “Distressing” Images Online Now a Crime in Tennessee
Governor Bill Haslam signed a controversial piece of legislation into law last week making it a misdemeanor offense to post some photos anywhere online that could potentially cause emotional distress to someone. The bill adds language to the current harassment law, which already includes sending emotional distressing messages to a particular person via the telephone or other forms of communication.
It’s the broad nature of this law that has many people scratching their heads. Unlike the current harassment legislation, this addition doesn’t require the image to be directed at any specific person, merely that the alleged offender has “reasonable expectation that the image will be viewed by the victim”, the victim being anyone who might be offended.
In addition, the photo doesn’t have to be of the victim or any other living person. Offensive photos or depictions of Mohammed, Jesus, or even lewd cartoons could be considered a violation of the offense.
Many are calling the law unconstitutional, and with good reason. The existing harassment law is different in that the “victim” is an intended recipient of harassing communications; the harassment is directed at them. With this law, you simply can’t risk posting anything that anyone might consider distressing, whether it be through a private inbox on Facebook or within a Tweet.
The charge is a misdemeanor. It carries one year in jail and up to $2,500 in fines. I’m sure many people, perhaps even the majority, can think of emails or images they’ve posted online that could be interpreted as offensive to someone, images that could now get them a criminal record in Tennessee.
There’s little doubt this law will be challenged, if only through the appeals process once the law is actually applied to offenders. In the meantime, it’s just one more law for people to be aware of, one that they might want to keep in the back of their head the next time they have an opportunity to forward a lewd joke or offensive photo.
You can see my response to this new law as a Tennessee artist on my artist’s blog at http://dregstudiosart.blogspot.com/2011/07/potentially-offensive-portrait-governor.html with my portrait of our Governor Bill Haslam and his ravishing wife.