The Digital News Publishers Association (DNPA) has taken their fight to the Supreme Court of India, challenging the new digital data protection law. They argue that this law could hinder journalists’ ability to investigate wrongdoing and safeguard their confidential sources. The case involves 21 major news publishers, including well-known companies like The Hindu, Times of India, Indian Express, and NDTV.
Filed on October 6, the DNPA’s petition targets certain aspects of the Digital Personal Data Protection Act of 2023 along with rules set to come into effect in 2025. This law aims to control how personal digital data is handled, with most provisions scheduled to apply by May 2027. However, the DNPA claims that the absence of protections specifically for journalistic work contradicts earlier government assurances about upholding press freedom.
The main concern raised by the DNPA is that the law might compel reporters to ask permission from subjects before they can use their personal information. This, they argue, could warn those being investigated, allowing them the chance to destroy evidence or intimidate witnesses before a story is published.
Additionally, the DNPA is worried about rules that permit individuals to revoke consent and demand the deletion of their personal data. Without clear protections for journalism, publishers could be forced to change or remove factual news reports at individuals’ requests, which could threaten the integrity of the news.
The DNPA warns that the broader implications of this law could discourage whistleblowers from sharing critical information about corruption or misconduct due to fear that their identities could be revealed or their information erased.
Part of the petition also disputes Section 36 of the Act, which allows the government to request information from organizations managing personal data. The DNPA criticizes this provision for lacking clear boundaries and sufficient safeguards to protect journalists and their sources.
Furthermore, the DNPA has raised concerns about a recent amendment to the Right to Information Act, which it believes could prevent access to essential information related to public offices by placing personal data beyond disclosure.
In its legal stance, the DNPA argues that the law conflicts with the Supreme Court’s acknowledgment of privacy as a fundamental right and limits the public’s right to information and freedom of speech. They emphasize that the law fails to distinguish between journalistic activities and other forms of data processing.
Earlier in August, the DNPA had shared its worries with the government, pointing out that while broad exemptions exist for the state, similar protections have not been granted for journalists. They referred to data protection laws in regions like the European Union and the United Kingdom, which include specific safeguards for journalists.
The government counters that India has a dynamic media landscape and has pushed back against international criticisms regarding press freedom. As the Supreme Court prepares to review this case, it will weigh the balance between individual privacy and the public’s right to know. The publishers seek to have the concerning provisions invalidated before they take effect in 2027.
