Indian Journalists and Activists Challenge Privacy Law in Supreme Court

On March 23, 2026, the Supreme Court of India is set to hear four lawsuits filed by journalists and transparency activists against the government's Digital Personal Data Protection Act (DPDPA) and a recent amendment to the Right to Information (RTI) Act. The plaintiffs argue that these laws could significantly hinder access to government records essential for investigative journalism, thereby undermining public interest and accountability.

Indian journalists challenge new privacy law over press accessThe Straits Times

The DPDPA, enacted in November 2025, introduces stringent regulations on data handling and imposes fines of up to $27 million for non-compliance. Critics assert that the law lacks explicit exemptions for journalists, requiring them to obtain consent from individuals or entities before reporting, which could lead to self-censorship and a chilling effect on newsgathering.

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Activists and media organizations contend that the amendment to the RTI Act, which excludes "personal information" from public disclosure, poses a direct threat to transparency. Anjali Bhardwaj, a prominent transparency advocate, described the change as a "death knell for participatory democracy," arguing it would allow the government to withhold critical information, such as the identities of contractors involved in public projects. The Editors Guild of India has echoed these concerns, stating that the law could hinder accountability journalism.

The Straits Times

Legal experts warn that the ambiguous definitions of "personal data" could lead to selective enforcement, further complicating the landscape for investigative reporting. The Reporters’ Collective, a New Delhi-based journalists’ group, has also joined the legal challenge, asserting that the law would impede effective reporting on corruption and public spending.

Indian journalists challenge new privacy law over press access

The Indian government, led by Prime Minister Narendra Modi, maintains that the DPDPA is designed to protect citizen privacy while balancing the right to information. IT Minister Ashwini Vaishnaw has stated that the changes will not restrict the disclosure of personal information and that the RTI law continues to uphold "maximum disclosure and minimum exemptions." However, critics argue that the government's assurances do not adequately address the potential for increased censorship.

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India's ranking in the World Press Freedom Index has declined significantly, falling to 151 out of 180 countries in 2025, attributed to violence against journalists and concentrated media ownership. The ongoing legal battles surrounding the DPDPA and RTI amendment highlight the tension between privacy rights and press freedom, a challenge faced by many nations globally.

Indian journalists challenge new privacy law over press access

While the government asserts that the law will not impede journalistic activities, critics argue that the lack of clear protections for journalists could lead to self-censorship. The ambiguity surrounding the definitions of personal data and the potential for selective enforcement remain contentious points in the debate.

Indian journalists challenge new privacy law over press access

• “a death knell for participatory democracy, and ruinous to ideas of open governance” — Anjali Bhardwaj, Transparency Activist

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• “The Editors Guild of India has said the law could have an effect of “chilling newsgathering and hindering accountability journalism”.” — Editors Guild of India

The Straits Times

• “force citizens and journalists to self-censor to avoid massive penalties” — The Reporters’ Collective

The Straits Times

The upcoming Supreme Court hearings will be pivotal in determining the future of press freedom and transparency in India, as the country grapples with the implications of its privacy legislation.

Indian journalists challenge new privacy law over press access