just because one *sees* someone who may be taking pictures doesn't mean that they consent to having their picture taken and distributed. you do not know that her or her friends saw any photographers before they got into the water and took their tops off. and once they spot them, what are they supposed to do, run after them?
also you're speculating about the terms of a contract, or even the fact that a contract exists.
you complain about her voicing concerns about these issues on twitter. i wonder what you suggest she do instead.