DPDP Act | News publishers challenge law’s reach into newsrooms
Constitutionality of the Digital Personal Data Protection Act, 2023Judges: Surya Kant CJI, Joymalya Bagchi J, V. Mohana J
Today, a Bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana issued notice on the Digital News Publishers Association’s (DNPA) application seeking a stay on provisions of the Digital Personal Data Protection Act, 2023 and the Rules framed under it. The Court declined to grant interim relief without hearing the Union.
‘A regime of pre-censorship’
The DNPA’s petition adds to the broader constitutional challenge to the data protection law already pending before the Court. In Venkatesh Nayak v Union of India, RTI activists and journalists have challenged provisions of the Act, arguing that they threaten the right to information, permit excessive government access to personal data and enable surveillance without adequate safeguards. The petition challenges Section 44(3) of the DPDP Act, which amended Section 8(1)(j) of the Right to Information Act, 2005, to exempt personal information from disclosure.
DNPA’s petition represents 21 news publishers, including Network18, NDTV, The Indian Express and Times Internet. The publishers contend that the absence of a journalistic exemption could force newsrooms to seek consent from the subjects of investigations, remove published reports at their request and risk disclosing confidential sources.
Senior Advocate Madhavi Divan, appearing for the DNPA, described the case as the first comprehensive challenge by traditional media organisations. She argued that requiring journalists to obtain consent from the subjects of their reports would amount to “a complete regime of pre-censorship”.
“If I am left to the mercy of the data principal as to whether he or she will give consent, how will news be reported?” she asked, noting that the requirements could force newsrooms to shut down. The CJI asked the publishers to help the court identify safeguards against the misuse of personal data. “Innocent citizens have their rights. A balance has to be struck,” he said. Divan submitted that earlier versions of the legislation had excluded journalistic activities and pointed out that media organisations were already regulated under several frameworks, including the Press Council, Cable Television regulations and the IT Rules.
The Court granted the DNPA liberty to serve the Union’s standing counsel. The matter will be heard on 17 November.