The Supreme Court has sought a response from the Central government on a petition filed by a group of media companies challenging provisions of the Digital Personal Data Protection (DPDP) Act, 2023, over concerns that the legislation could affect investigative journalism, the confidentiality of sources and newsroom operations.
The petitioners have questioned the application of certain data protection requirements to news organisations, arguing that these could restrict the collection, processing and retention of personal information required for reporting matters of public interest.
During the hearing, the media organisations raised concerns that journalists could be required to obtain consent from individuals they are investigating before collecting or processing their personal data. They argued that such requirements could make it difficult to pursue investigations involving allegations of wrongdoing or matters requiring independent scrutiny.
The petitioners also expressed concerns about obligations governing the retention and deletion of personal data, which they said could interfere with the preservation of reporting material and the protection of confidential sources.
A bench led by Chief Justice of India Surya Kant heard the submissions and issued notice to the Centre, seeking its response to the issues raised.
During the proceedings, the Chief Justice observed that the petitioner media organisations were themselves domain experts and could assist the Union government in identifying areas where the legislation might be misused while ensuring that citizens' rights remained protected.
The Court also acknowledged the need to balance personal data protection with the rights and responsibilities of the media.
The petitioners argued that the legislation was not intended to regulate journalistic activity and that applying its provisions to news organisations could create what they described as a "pre-censorship regime".
They further submitted that requiring consent from individuals who are the subjects of investigations could leave journalists dependent on those individuals' willingness to cooperate, potentially affecting reporting undertaken in the public interest.
The DPDP Act, enacted in 2023, establishes a legal framework for the processing of digital personal data in India. It sets out obligations for entities handling personal information and provides rights to individuals concerning the use of their data.
For media organisations, the legal challenge centres on how these requirements would apply to reporting activities that involve collecting information without the prior knowledge or consent of the individuals concerned.
The proceedings also bring attention to questions surrounding the storage of journalistic records, the handling of personal information and the confidentiality of sources within digital newsrooms.
The Supreme Court has not ruled on the constitutional validity of the challenged provisions or granted a general exemption to media organisations.
The matter will proceed following the Centre's response, with the Court expected to examine the concerns raised by publishers alongside the objectives of India's data protection framework.
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