> knowingly uses or infringes upon the use of and publishes ... an individual’s name, photograph ... without the individual’s prior consent ... and being reckless as to whether or not harm is caused to, the other person.
> [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.
> [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.