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Even if you film on public roads, that doesn’t mean you can just publish everything. In the Netherlands, portrait rights apply: in principle, everyone has the right to determine whether his or her face or other personal characteristics are made public.

If you film an accident or, in a worse case, are a victim yourself and are filmed, you must take this into account; you are not allowed to simply portray and publish someone in a recognizable manner.

Publishing is the key word here, because you are allowed to take images on public roads. Only if you then post the images on social media, for example, where victims or care providers are recognizable, do you infringe on portrait rights.

When gathering news or information, the general interest often outweighs individual portrait rights, but in sensitive situations, such as an accident, restraint is required.

If you want to publish images, you must ask permission from the person in the image, or only publish them if there is a good reason for doing so, for example because it is newsworthy. It is the job of journalists to show what is happening, and images are of great importance because it increases the reliability of the news.

Do you also have something you’ve always wondered about? Then submit your question! Who knows, we may look for the answer for you and you can read it here at Find out!. Send your questions in an email [email protected].

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