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🤔 Is this allowed? privacy editionPRESS FREEDOM BALANCE

May a journalist publish my photo in an article?

Press freedom (ECHR Art. 10) + public interest can justify. But balance between news value and privacy/portrait law. UAVG Art. 43 limits many GDPR rights.

Last reviewed: 25 May 2026
Press freedom (ECHR Art. 10 + UAVG Art. 43) makes journalistic publications privileged — but not unlimited. When MAY publication WITHOUT consent? (1) Public function: politicians, directors of large businesses, celebrities where work context is relevant. (2) Concrete news value: disaster, crime, demonstration where person plays central role. (3) General public interest: corporate misconduct, fraud, integrity matters. When NOT without consent? (1) Private person without public interest — e.g. random passer-by in photo now the main image of article. (2) Victim identity without purpose. (3) Children (UAVG Art. 5). (4) Medical/sexual/religious context (Art. 9 GDPR). (5) Especially for commercial-oriented content (clickbait, "engaging" without public interest). Balance criteria (ECHR Von Hannover jurisprudence): contribution to public debate, person's notoriety, prior conduct, photo circumstances, content + form of publication. Removal routes: Step 1: contact editorial — free. Step 2: Journalism Council (rvdj.nl) — non-binding but morally weighted. Step 3: civil court — preliminary injunction on urgency. Step 4: Google right-to-be-forgotten for search results. Tip: not all press publications are "journalistic" per UAVG 43 — blogs without editorial structure, social-media influencers with "news" claim often DO NOT fall under exception.

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