A news outlet published my photo or name — what now?
Balance press freedom (ECHR Art. 10) vs privacy + portrait law. First editorial, then Journalism Council, then court. Journalistic exemption UAVG Art. 43.
Press freedom (ECHR Art. 10 + UAVG Art. 43 journalistic exemption) makes removal from press publication harder than commercial sites. UAVG Art. 43 limits many GDPR rights for processing solely for journalistic purposes. But: portrait law (Dutch Copyright Act Art. 21) and ECHR fundamental rights apply fully — Cruijff ruling + Reklos vs Greece. When can you demand removal? (1) Public function without interest for public debate — strong claim. (2) Incorrect facts or suggestive framing — rectification + removal possible. (3) Private aspects without public interest (medical matters, sexual orientation, victim identity). (4) Photo of relatives without consent. (5) "Outdated news" — old conviction with no current relevance (right-to-be-forgotten jurisprudence). When NOT? Politician in function, public expression, disaster/crime context with interest, person publicly shown themselves. Routes: Step 1: written contact with editorial — request rectification/removal. Step 2: on refusal Journalism Council (RvdJ.nl) — non-binding opinion, free. Step 3: civil court — unlawful press publication (Dutch Civil Code 6:162 + ECHR ruling). Step 4: On nude image or recording: also criminal (Sr 139h).
Step by step
Written contact editorial
Email with privacy-interest basis + request for rectification/removal.
Journalism Council complaint
rvdj.nl — free, non-binding but moral weight.
Civil court (preliminary injunction)
Unlawful press publication + portrait law. On urgency injunction for stop.
Right-to-be-forgotten for old news
Google application + search result removal, even though original article stays.
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