SC seeks Centre’s response to publishers’ plea against data protection law

The Supreme Court on Tuesday sought the Centre’s response to a plea by the Digital News Publishers Association (DNPA) challenging provisions of the Digital Personal Data Protection (DPDP) Act, 2023, and the accompanying rules, arguing that the absence of an exemption for journalistic activities could undermine press freedom and investigative reporting.

A three-judge bench headed by Chief Justice of India Surya Kant, and comprising Justices Joymalya Bagchi and V Mohana, also issued notice on an application seeking an interim stay on the contested provisions. The court listed the matter for further hearing on November 17.

Appearing for the DNPA, senior advocate Madhavi Divan argued that the law could seriously impede news gathering, particularly when journalists investigate individuals who have not consented to the use of their personal data.

The provisions could effectively shut down newsrooms by making routine and time-sensitive reporting difficult, she submitted, according to reports.

The association has argued that the absence of a specific journalistic exemption could hamper investigative journalism, compromise the confidentiality of sources and restrict reporting on matters of public interest.

The petition also challenges provisions granting the government powers to requisition information, arguing that these could expose confidential journalistic material and deter whistleblowers from sharing information with the media.

The plea contends that the contested provisions violate the fundamental rights to freedom of speech and expression and access to information under Article 19(1)(a) of the Constitution. It also invokes the Supreme Court’s 2017 privacy judgment in K S Puttaswamy v Union of India.

The bench stressed the need to balance citizens’ privacy rights with press freedom and asked the publishers to suggest safeguards against potential misuse of the law.

The DNPA, which represents the digital operations of major news organisations, is seeking the striking down of several provisions of the Act and the rules.

The challenge comes amid concerns from media organisations that the law’s consent and data-erasure requirements could complicate investigative reporting and allow subjects of news reports to seek the removal or alteration of published material.

The Supreme Court is scheduled to hear the matter next on November 17.