“Face the facts”: Examining the use of facial recognition technology by news outlets through human rights lenses

This paper examines the use of Facial Recognition Technology (FRT) by news outlets and investigative journalists, an emerging trend that gives rise to significant human rights implications. While FRT offers a powerful tool for identifying individuals in the context of open-source intelligence (OSINT) investigations, its use by journalists presents unique challenges that go beyond the concerns raised by its use by law enforcement and other public authorities. The paper explores the implications of FRT in journalism for freedom of expression, privacy, data protection, and facets of defence rights, such as the presumption of innocence. Through a com bination of literature review, legal analysis, and interviews with journalists and other practitioners who have used FRT in their work for investigative purposes, this paper aims to understand and discuss practical and legal considerations surrounding this practice. The analysis highlights the tensions between the public’s right to in formation and the need to safeguard fundamental human rights, and the inability of current regulatory in struments to address such use of FRT.