Digital News Publishers Association Challenges Data Protection Law in Supreme Court
The DNPA has filed a writ petition against the Digital Personal Data Protection Act, arguing it threatens press freedom.
The DNPA claims the new data protection law lacks exemptions for journalistic activities.
Senior Advocate Madhavi Divan argues that the law could lead to newsroom closures.
The Supreme Court has issued a notice on the petition, with a hearing scheduled for November 17.
The Digital News Publishers Association (DNPA) has taken a significant step by filing a writ petition in the Supreme Court, contesting the Digital Personal Data Protection Act, 2023. The petition, submitted on October 27, 2026, asserts that the provisions of the Act undermine press freedom and do not provide necessary exemptions for journalistic activities. The DNPA represents the digital arms of 21 prominent media organizations, including The Indian Express and NDTV, and argues that the law's requirements could severely restrict the functioning of newsrooms across the country.
Historically, the Digital Personal Data Protection Act has faced scrutiny for its implications on various sectors, especially journalism. The DNPA's petition highlights that previous drafts of data protection legislation included specific exemptions for journalistic activities, which have been omitted in the current Act. This change raises concerns about the ability of journalists to report freely, particularly in cases involving public interest and accountability.
In the petition, the DNPA challenges several sections of the DPDP Act, including those that impose requirements for prior consent and data erasure that are incompatible with journalistic practices. Senior Advocate Madhavi Divan, representing the petitioners, emphasized that the law could effectively shut down newsrooms by mandating permission from individuals before reporting on matters of public interest. The Supreme Court has acknowledged the importance of balancing citizens' rights with media freedoms, indicating that the petitioners should propose safeguards to the government.
The implications of this legal challenge extend beyond the immediate concerns of the media industry. If the provisions of the DPDP Act are upheld without amendments, it could lead to a chilling effect on investigative journalism, where obtaining consent from subjects could hinder the uncovering of corruption and misconduct. The DNPA argues that the lack of a specific exemption for journalism in the Act could violate constitutional rights to freedom of speech and expression, potentially leading to a significant transformation in how news is reported in India.
Looking ahead, the Supreme Court has set a hearing date for November 17, 2026, to further discuss the petition and the associated application for a stay on the DPDP Act's enforcement. The outcome of this case could set a precedent for the future of journalism in India, determining how data protection laws interact with the fundamental rights of the press and the public's right to information.
