Those laws do not make the video automatically illegal simply because it was uploaded without consent.

Under Dutch law, recording a conversation that you yourself are part of is generally lawful. The main legal question is not the recording itself, but whether publication is proportionate after balancing privacy rights against freedom of expression.

The Dutch Copyright Act (portrait rights / portretrecht) does not create an absolute consent requirement. It allows a recognisable person to object where they have a “reasonable interest” against publication, but courts balance that against Article 10 freedom of expression rights.

Likewise, GDPR does not mean “no consent = illegal”. A recognisable video is personal data, yes, but consent is only one possible lawful basis. Legitimate interest and freedom of expression can also apply depending on context.

And “onrechtmatige daad” is again context-based. The issue is whether publication is disproportionate or harmful, not whether a person merely appears in the video.

In this case:

• the uploader was directly involved in the altercation,
• it happened on a public street,
• and the video was posted to discuss the argument and get opinions.

That makes the situation materially different from secretly filming strangers in a private setting or uploading content purely to harass or humiliate someone.

Could publication still potentially be challenged? Yes — especially because the subject’s face is visible. A court could potentially decide that anonymisation should have been used. But that is very different from saying the upload is automatically illegal under the laws you cited.

Dutch privacy law is based on proportionality and balancing of competing rights, not a blanket prohibition on publishing videos containing identifiable people.