The Digital News Publishers Association (DNPA), representing 21 major news organisations, has filed a petition before the Supreme Court challenging the constitutional validity of the Digital Personal Data Protection (DPDP) Act, 2023, and the Digital Personal Data Protection Rules, 2025. The petition contends that the legislation fails to provide a specific exemption for journalistic activities conducted in the public interest, thereby creating structural impediments for news gathering and dissemination.
Statutory Framework and Implementation Timeline
Enacted by Parliament in August 2023, the DPDP Act establishes a comprehensive legal framework regulating the processing of digital personal data. The statute defines entities determining the purpose and means of processing as Data Fiduciaries and the individuals whose data is processed as Data Principals. It mandates that Data Fiduciaries provide clear notice regarding data collection and purpose, and in most circumstances, obtain explicit consent prior to processing. Data Principals are granted rights to withdraw consent and seek correction or erasure of their personal information.
The accompanying rules, notified in November 2025, stipulate a phased implementation. The primary obligations concerning the processing of personal data are scheduled to take effect 18 months from the date of notification of the rules.
Petitioners' Contentions on News Gathering and Investigative Journalism
The DNPA argues that the notice and consent requirements are fundamentally incompatible with the practical realities of journalism, particularly investigative reporting. The petition asserts that journalists frequently must collect and utilise personal information without prior intimation to the Data Principal. In scenarios involving the investigation of financial dealings or assets of public officials or persons suspected of wrongdoing, seeking advance consent would risk alerting the subject, potentially leading to the destruction of evidence or the influencing of witnesses.
The association further submits that the mandatory consent mechanism renders time-sensitive and live reporting operationally unfeasible. The petition emphasises that the law must distinguish between the commercial exploitation of personal data and its processing for journalistic purposes, especially when reporting on matters of significant public importance.
Right to Information Act Amendment Challenge
The petition also challenges the amendment to Section 8(1)(j) of the Right to Information (RTI) Act, 2005, effected through Section 44(3) of the DPDP Act. The RTI Act permits citizens to access information from public authorities, subject to specific exemptions. The DNPA contends that the amendment broadens the scope of personal information exempt from disclosure, thereby weakening the citizen's right to information and restricting the ability of the press to access records essential for public interest reporting.
Concerns Regarding Data Erasure and Archival Integrity
A further ground of challenge relates to the Data Principal's right to withdraw consent and demand erasure of personal data. The petitioners argue that these provisions could be weaponised to compel news organisations to remove factual reports from digital archives. They submit that such a power, if exercised against journalistic content, would undermine the integrity of the public record and the media's role as a watchdog.
Centre's Response and Supreme Court Proceedings
The Supreme Court has issued notice to the Centre seeking its response to the petition. Union Minister of Electronics and Information Technology Ashwini Vaishnaw has stated that freedom of the press is guaranteed by the Constitution and that the government has no intention of restricting it. The Centre has further indicated its openness to amending the law to address the specific concerns raised by the news industry regarding the lack of a journalistic exemption.
Provision / Issue | DNPA Position | Government Stance |
|---|---|---|
Journalistic Exemption | Absent in DPDP Act; sought via petition | Open to amending law to include exemption |
Notice & Consent Requirements | Impede investigative & live reporting | Standard data protection safeguards |
RTI Act Amendment (Sec 44(3)) | Weakens citizen's right to information | Aligns RTI with data privacy framework |
Right to Erasure / Withdrawal | Risk of pressuring archives removal | Statutory right of Data Principal |
Does the DPDP Act currently provide a specific exemption for journalism?
No. The DPDP Act, 2023, and the Digital Personal Data Protection Rules, 2025, do not contain a specific exemption for journalistic activities or news gathering in the public interest. The Digital News Publishers Association has challenged this omission in the Supreme Court, arguing it hampers investigative reporting, and the Centre has indicated willingness to amend the legislation to address the gap.