NBDA seeks exemption for journalistic purposes under DPDP Act, 2023

The News Broadcasters & Digital Association (“NBDA”) has written to Ashwini Vaishnaw, Minister for Electronics and Information Technology, requesting an express statutory exemption for journalistic purposes under the Digital Personal Data Protection Act, 2023 (“DPDP Act”).

NBDA welcomed the Government’s assurance that it does not intend to restrict journalistic freedom and requested that this assurance be given legal effect before the substantive obligations under the DPDP Act take effect.

NBDA stated that it supports the protection of personal data and recognises that responsible journalism must respect privacy. It is concerned, however, that the DPDP Act does not address the distinct circumstances under which journalists gather, verify, retain, and publish information in the public interest.

The letter outlined the practical concerns that arise for journalists in the absence of an exemption under the DPDP Act:

1. requiring consent from a person under investigation could alert them, allow consent to be withheld, expose sources and enable the destruction of evidence;
2. withdrawal of consent and requests for erasure could be invoked to seek removal of accurate reports or the underlying records;
3. information-gathering powers could lead to requests that identify confidential sources or reveal unpublished investigations;
4. the DPDP Act’s existing exclusions and legitimate uses are limited in nature and do not provide a general basis for public interest journalism;
5. data protection framework could be misused to exert pressure on journalists and newsrooms; and
6. the penalties prescribed under the DPDP Act are extremely harsh, burdensome.

NBDA noted that the DPDP Act diverges from the recommendations of the Justice B.N. Srikrishna Committee Report and from comparable data protection laws and frameworks, including Article 85 of the EU General Data Protection Regulation, which exempts journalistic activities/purposes.

Pending the amendment, NBDA sought written clarification from the Government on its position and any interim protection that can lawfully be provided under the existing DPDP Act. It also requested a meeting with the Minister and Ministry officials, and its inclusion in any proposed consultations on the scope and drafting of the exemption for journalistic purposes.