News articles can use media for ‘editorial’ purposes which has a slightly different usage rights subset to ‘commercial’ purposes which tend to be much more tied down. Having said that, I would have thought that seeing it’s his own mugshot and that it wasn’t taken by professional creative photographer and that it was forced upon him and released to the public domain, that he would be entitled to use it as he sees fit. It’s a picture of himself after all.
This almost feels like he’s being picked on because he’s so widely hated and that many people want to see him burn.