SC seeks Centre’s response to media challenge to DPDP Act provisions

The Supreme Court has issued notice to the Centre seeking its response to a plea by a group of legacy media companies challenging provisions of the Digital Personal Data Protection (DPDP) Act, 2023, arguing that their application to news organisations could hamper investigative journalism, compromise journalistic sources and potentially “close down newsrooms”.

The publishers have challenged provisions that they say could require journalists to obtain consent from individuals they are investigating, while imposing obligations relating to the retention and deletion of personal data that could affect news reporting.

During the hearing, counsel representing the media organisations argued that journalists could be left at the mercy of individuals deciding whether to grant consent, potentially restricting the ability of newsrooms to investigate matters in the public interest.

A bench led by Chief Justice of India Surya Kant observed that the petitioner media organisations were themselves “domain experts” and could help the Union government identify potential misuse of the law while ensuring that the rights of citizens were protected.

The Court noted the need to strike a balance between data protection and media rights.

The publishers argued that the law was not intended to regulate journalists and that applying its provisions to news organisations could create what they described as a “pre-censorship regime”.

The challenge brings the potential implications of India's data protection framework for investigative reporting, source confidentiality and newsroom operations into focus. The Supreme Court has sought the Centre's response to the concerns raised by the media organisations.