The problem is there are several aspects of things taken into consideration and there isnt any one easily definable rule that covers all situtations.
If you photograph a person sitting in a park, enjoying the day, reading a book and post it in an artical on how people enjoy a nice day, you would not need a release. If they attempted to sue you, they would have to prove that this was somehow harmful to them. Its a Civil matter, not a legal one.
If you then took a photo of someone swinging a golf cub in that park as well, didnt get a release and because of the angle it appeared the person was swinging at a **09**, It could be looked at as damaging and would have grounds for suit. But if you had gotten the release, you covered your butt ahead of time.
If its for Comercial Gain it changes things (posibly bad). If Its Newsworthy and/or informative it changes things (likely good).
Regardless, The photo taker is the responsible party, not the BEA.