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john-h-k | 1 month ago
> [harm occurs when someone] seriously interferes with the other person’s peace and privacy or causes alarm or distress to the other person
This seems very widely worded. A newspaper publishing the name/image of a suspected criminal is definitely "publishing an individuals name, photograph", without their consent, and can quite clearly cause alarm or distress.
Without some exemption clauses added, this bill seems to basically ban using anyone's name/photograph/likeness in ANY context that criticises them; it will almost certainly conflict with ECHR's Article 10 on freedom of expression. However(!!) with a few exemptions it can be made much better. Even tying it to AI generated photos/voice/etc would help - most _genuine_ criticism and reporting can go without the use of AI, but a lot of the intentional harm and sexual harassment did not occur before AI. If they don't want to do that, adding some form of "exemption if the information was used in a non-libellous context" could also work.
allturtles|1 month ago
Your selective quoting is extremely misleading. The first section about publishing a name/photograph only applies in the context of "for purposes of advertising products, events, political activities, merchandise, goods, or services or for purposes of fundraising, solicitation of donations, purchases of products, merchandise, goods, or services or to influence elections or referenda." i.e. it's illegal to pretend someone is endorsing something they are not.
john-h-k|1 month ago
The point is that "to influence elections or referenda" is incredibly vague! Almost any reporting on a person involved in the election, or even related to it (reporting on someone who's group looking bad helps a party) can be construed as "influencing an election"
unknown|1 month ago
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pessimizer|1 month ago
sollewitt|1 month ago
It doesn’t constrain what you do in contexts other than where you use someone’s likeness to misrepresent their position.
The harms are restricted to the scope above.
john-h-k|1 month ago
unknown|1 month ago
[deleted]
pessimizer|1 month ago
amiga386|1 month ago
What if I draw a caricature of my own friends, in Illustrator, without first getting their consent? Does Adobe go to prison?
What if I captioned my illustration with my friend saying "It's my round!" (which is misrepresenting their position because it's never their bloody round), would Adobe go to prison then?
Gormo|1 month ago
This sounds like it would effectively ban photography in public places. Or at least ban the manufacture/sale of cameras or software that takes photos.
sallveburrpi|1 month ago
Cherrypicking your example: Newspapers shouldn’t publish names or images of suspects, so to me this specific example would be a very good thing. Not sure (IANAL) but I think in my country this is illegal already
Otherwise I agree that it’s very ambitious wording
Amezarak|1 month ago
Why shouldn't they? Why shouldn't the government have to publicize the names and identities of people they arrest so we know they're not doing so illegitimately?
enragedcacti|1 month ago
https://www.studocu.com/en-ie/document/university-college-du...
orwin|1 month ago
If the suspected criminal isn't a public figure, it's a good thing, isn't it?
ninalanyon|1 month ago
JohnMakin|1 month ago
pjc50|1 month ago