angus99
Guru
I think it comes down to whether it's informational, or the subject of news. So a picture of someone accused of a crime I think would clearly be news/informational. They are the news. But a picture of a person in the street in an article about homelessness I think would require a release from the person. Their image may be supportive of the news article, but they are not individually the subject of the article. Then a bit different again if it's a picture of three people in a public protest, or probably even a single person in a protest. In that case their actions are individually and collectively the subject of the news. But lots of gray area, I'm sure.
As a disclaimer, I'm not an lawyer. But I spent a fare amount of time in photography where this was a common topic, and something photographers need to be very aware of and careful about.
I agree with your summary and that there are many gray areas, but think even your homeless example would likely fall under the terms of Fair Use. If the subject of the informational piece is homelessness, and the photo is of people living under a bridge, it would seem that Fair Use applies. The notion that individuals would have to provide consent if they are intentionally or unintentionally part of a legitimate news photo would make news gathering impossible. The murk only gets deeper with websites.
https://fairuse.stanford.edu/overview/releases/when/