The Supreme Court on Tuesday sought the Centre’s response to a petition filed by the Digital News Publishers Association (DNPA) challenging provisions of the Digital Personal Data Protection (DPDP) Act and its accompanying rules, alleging that they infringe press freedom and the right to information.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana issued notice on the plea, which has been listed for further hearing on November 17 along with related pending matters.
The association has sought the striking down of several provisions of the law, arguing that the absence of an exemption for journalistic activities could hamper news reporting, undermine investigative journalism and compromise the confidentiality of sources.
Appearing for the DNPA, senior advocate Madhavi Divan described the petition as a comprehensive challenge by the “legacy media”, distinguishing traditional news organisations from citizen journalists. She urged the court to issue notice on the association’s plea for an interim stay on the contested provisions.
Divan argued that the law’s consent requirements could make routine news gathering difficult, particularly when reporting on individuals who have not consented to the use of their personal data.
“If I am left to the mercy of the data principal as to whether he or she will give consent, how will news be reported?” she asked, warning that the provisions could have serious implications for live television coverage and time-sensitive reporting.
The petitioner, DNPA, comprises 21 media outlets (including those of Gautam Adani's NDTV and Mukesh Ambani's CNN NEWS 18) particularly challenged the amendment to Section 8(1)(j) of the Right to Information (RTI) Act, contending that it restricts access to information about public officials and undermines public scrutiny.
“The deletion is changing the whole concept of news,” Divan submitted.
The petition has further questioned the Centre’s powers to requisition information under the DPDP Act, arguing that the provisions could affect the functioning of news organisations and their ability to report on matters of public interest.
