Comment by smoe
10 hours ago
In Switzerland, where people have the legal right to control whether and how their image may be photographed and published, exemptions are made if the image/person is of public interest. This is decided on a case-by-case basis, so the news org has to be willing to argue this in court.
Let's say, as an example, a married politician having an affair with someone. Generally, news sites will publish photos with the face of the politician visible but would blur the other person. The former is clearly a person of public interest, the latter is not. Even if it's a photo taken in a public space.
Interesting concept. Case-by-case basis means that in practice only the rich and corporations have access to their exceptions, analogous to US copyright "fair use", which is on a litigated, case by case basis.
In Switzerland and probably most or all EU countries. For example, in Spain, the schools need a signed form allowing each student's picture to be published.
The issue of money gatekeeping legal rights is another issue entirely which should be addressed for everything, not just this specific problem. It's also, in my opinion, a lot more prevalent in the US than the rest of the first world countries.