India Digital Personal Data Protection Act legal challenge

The Digital News Publishers Association (DNPA), representing 21 major news organizations, has filed a petition in the Supreme Court of India challenging the Digital Personal Data Protection (DPDP) Act, 2023. The DNPA argues that the law lacks specific journalistic exemptions and could lead to a regime of ‘pre-censorship’. Legal counsel for the association expressed concerns that requirements regarding consent, data erasure, and government information demands could compromise the confidentiality of sources and allow subjects of investigations to destroy evidence.

In response to the challenge, Union Minister Ashwini Vaishnaw defended the legislation, asserting that it does not infringe upon journalistic freedom or mandate the disclosure of news sources. He stated the law was developed following public consultation and a Supreme Court judgment recognizing privacy as a fundamental right. Vaishnaw clarified that the Act does not require journalists to seek permission from subjects of stories. He further indicated that the government is open to discussing concerns with media professionals and may consider amendments to explicitly safeguard journalistic activities if necessary.

The Supreme Court has issued a notice to the central government seeking a response and has scheduled further hearings for November 17. While the court declined to grant an immediate interim stay on the challenged provisions, the bench noted the necessity of balancing citizen data protection with press freedom.