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[POLITICS] · India · 23 sources

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Supreme Court seeks Centre response on media challenge to data privacy law

The Supreme Court of India has issued a notice to the central government seeking a response to a petition filed by the Digital News Publishers Association (DNPA) challenging the Digital Personal Data Protection (DPDP) Act, 2023. The petition, representing 21 major news publishers including Network18, NDTV, The Indian Express, and Times Internet, argues that the law lacks a specific journalistic exemption.

Legal counsel for the DNPA, Madhavi Divan, contended that the legislation could create a regime of ‘pre-censorship’. Key concerns include the requirement for journalists to obtain consent from subjects of investigation, which publishers argue could allow individuals to destroy evidence or intimidate witnesses. They also warned that data-erasure provisions and government powers to demand information could compromise the confidentiality of sources and undermine investigative journalism.

The court, comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana, declined to grant an immediate interim stay on the challenged provisions. The bench noted the need to balance citizens’ data protection with press freedom, suggesting that the publishers, as domain experts, could assist in identifying potential misuses of the law. The matter is scheduled for further hearing on November 17.

Entities

Digital News Publishers Association · Digital Personal Data Protection Act, 2023 · Gautam Adani · Madhavi Divan · Mukesh Ambani · Narendra Modi · Supreme Court of India · Surya Kant

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