Playing devil’s advocate couldn’t it also be said lack of recourse chills expression? ig refusing pics out of concern they could later be posted without recourse.

Could see an issue if the website/ publisher of user generated content were required to maintain consent records of every image posted or if a ‘formal contract’ were specified by the regulation, otherwise it comes across as a check/balance to thwart non-consensual posting of private images.

In this day and age when a she said – he said game of spin the bottle can derail a career perhaps it is in poster’s best interest to have prior proof of consent. Websites already use affirmative TOS agreements aka ‘prior consent’