Commons:Deletion requests/File:L'actrice Luna Kwok (Guo Yue) et le réalisateur Yeo Siew Hua.jpg

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This deletion discussion is now closed. Please do not make any edits to this archive. You can read the deletion policy or ask a question at the Village pump. If the circumstances surrounding this file have changed in a notable manner, you may re-nominate this file or ask for it to be undeleted.

This file was initially tagged by Johnj1995 as Speedy (Speedy) and the most recent rationale was: reason=Subjects' consent not granted. I am a producer and represent Yeo Siew Hua, I hereby declare that Yeo Siew Hua has not signed a model release, and prefers that this photo be removed. Thank you. Dan Koh (damnkohl.com)
Converted to regular DR to allow for discussion. -- Túrelio (talk) 07:38, 6 October 2023 (UTC)[reply]

Here the complete text added by User:Adsfghj to the image-page : "Subjects' consent not granted. I am a producer and represent Yeo Siew Hua, I hereby declare that Yeo Siew Hua has not signed a model release, and prefers that this photo be removed. Thank you. Dan Koh (damnkohl.com). Permission from subject is needed. You can refer to the Wikimedia Commons policy here, which states "In many countries the subject's consent is needed to just take a picture, and/or to publish it ... even if the person is in a public place ... Commons requires photos to be legal in all of the following polities: (a) the country in which the photo was taken." https://commons.wikimedia.org/wiki/Commons:Photographs_of_identifiable_people The photo was taken in France, which requires permission to take and publish a photo: https://commons.wikimedia.org/wiki/Commons:Country_specific_consent_requirements". --Túrelio (talk) 07:42, 6 October 2023 (UTC)[reply]

 Keep As the section of Commons:Country specific consent requirements on France says "It is generally recognized both by case law and legal doctrine that consent is implied or not needed for pictures of..public figures performing their public functions or activities (not in private life).." Celeberities are inherently public figures and one attending a film festival clearly qualifies as "as a public figure performing their public activities." Their consent to be photographed is also implied by the fact that they are standing right in front of the camera and smiling at it. Its not like either person in the image wasn't aware of the fact that their being photographed or didn't have a chance to say if they didn't consent to it either. --Adamant1 (talk) 08:12, 6 October 2023 (UTC)[reply]

Basically true, but this image doesn't look like it was taken at a film festival, unless I'm missing something. The background shows railway tracks, not a red carpet. PaterMcFly (talk) 12:49, 6 October 2023 (UTC)[reply]
I can't find the discussion right now, but I thought that's what the person who originally nominated the image for deletion had said. Regardless though, its not like the people in the image were minding their own business shopping for groceries or whatever and someone just randomly shoved a camera in their faces for no reason. They obviously knew they were being photographed and consented to it at time. --Adamant1 (talk) 13:51, 6 October 2023 (UTC)[reply]
 Keep. Per Adamant. And I add: looking and smiling into camera generally means consent for photographing. Taivo (talk) 15:42, 6 October 2023 (UTC)[reply]
 Keep The look at the camera & smiling mean tacit consent. Also, by looking by the other photographs, by the same author, at the same date, il look like it was done during a public event : "Festival International des Cinémas d'Asie". This event is related to the subject. Miniwark (talk) 12:16, 13 October 2023 (UTC)[reply]

Kept: per discussion. --Infrogmation of New Orleans (talk) 03:10, 15 October 2023 (UTC)[reply]