Freedom of information versus the right to image: comment to the STC 27/2020, 24 of February.

Abstract

The object of this comment is STC 27/2020 in which the TC resolves the conflict between freedom of information (art. 20 CE) and the right to image (art. 18.1 CE). The photograph, taken from Facebook, was not related to the event of public relevance that was reported, so its publication became unnecessary as it did not contribute to the formation of a free public opinion. Consequently, the right to image must prevail over freedom of information.