Full Breakdown
Indian News Publishers Contest the Government’s Digital Privacy Law
By Drooid · · How we work
Core Challenge and Legal Proceedings
A coalition of 21 news publishers, organized under the Digital News Publishers Association (DNPA), has filed a petition in the Supreme Court seeking to quash several provisions of the Digital Personal Data Protection Act, 2023 and the accompanying Digital Personal Data Protection Rules, 2025. The filing, a 698-page document, argues that the law would compel journalists to obtain prior consent from subjects of investigation, force erasure of published material, and enable the government to requisition data without judicial oversight. The petition is slated for hearing before a three-judge Bench headed by Chief Justice of India Surya Kant on October 27.
Background and Context
The Modi administration introduced the privacy framework in 2023 to regulate the collection and processing of digital personal data by platforms such as Meta and Google. While the law imposes new compliance obligations on technology firms, it contains no explicit exemption for journalistic activity—a contrast to data-protection regimes in the European Union, Singapore, and the United Kingdom. Earlier in August, the DNPA met with government officials and received verbal assurances that press freedom would be protected, but the lack of a written carve-out prompted the current legal challenge.
Concerns Raised by the DNPA
The association contends that several sections of the legislation infringe constitutional rights under Articles 14 and 19(l)(a) of the Indian Constitution. Specific grievances include:
- Section 36 (read with Rule 23 and the Seventh Schedule): grants the central government unrestricted authority to demand information from any data fiduciary or intermediary, without requirement of necessity, proportionality, or notice.
- Section 44(3): amends the Right to Information Act, 2005 to place all categories of “personal information” beyond disclosure, effectively barring requests for information about public offices.
- The ability for individuals to withdraw consent and demand data erasure at any time, which the DNPA says could force newsrooms to redact or unpublish factual reports.
- Potential exposure of sources, whistleblowers, and privileged communications, undermining investigative journalism.
Government Position
India’s Ministry of Information Technology has not responded to requests for comment, and no official statement has been released regarding the petition. The law remains in force, with the contested provisions scheduled to take effect from May 2027.
Potential Impact on Journalism
The Supreme Court’s decision, expected after the October 27 hearing, will determine whether the current privacy framework will accommodate a distinct exemption for journalistic activity.