The Supreme Court asks the Center to respond to the publishers’ objection to the Personal Data Protection Act | Today’s news
New Delhi: The Supreme Court on Tuesday asked the government to respond to a plea by news publishers challenging provisions of India’s data protection law that they say could restrict investigative journalism, expose confidential sources and force reporters to seek consent from the people they investigate.
The Digital News Publishers Association (DNPA), which represents news organisations, has challenged the provisions of the Digital Privacy Act 2023, saying it lacks an adequate exemption for journalism. He says consent requirements could make it harder to investigate individuals without notifying them beforehand. Provisions allowing people to ask for their personal data to be deleted could also affect published news and digital archives, he adds, while government subpoena powers could expose confidential sources.
“We have also raised an argument regarding exemptions. Otherwise the newsrooms will be closed if we have to seek permission,” senior counsel Madhavi Goradia Divan told a three-judge bench headed by the Chief Justice of India. “We must ask your permission if we are going to report on you. How can that even be? What else is the news?”
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The call comes as the government introduces a privacy law that regulates the handling of digital personal data and imposes compliance requirements on organizations handling such information, including technology platforms such as Meta and Google. Publishers argue that the absence of a specific exemption for journalism threatens press freedom.
On November 14, 2025, the government notified the DPDP Rules, which provided for the phased implementation of the Act. While some provisions entered into force in November 2025, most of the substantive obligations are due to enter into force on 14 May 2027.
An email query sent by Mint to the DNPA and the Ministry of Information and Broadcasting had not received a reply at the time of going to press.
Divan said the law could leave journalists dependent on the consent of individuals to report on them, which could disrupt investigations and the functioning of newsrooms.
The petition is among the most significant challenges by major media organizations against the Data Protection Act. Media companies also received assurances from the government at the August meeting that the law would protect press freedom, Reuters reported.
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No relief yet
Chief Justice of India Surya Kant said the court will have to balance citizens’ rights with media freedom. “You’re the domain experts. You’re in the field. You’re the best people to suggest to the Union and to us how you’re going to make sure there’s no abuse,” he said.
Divan urged the court to consider the publishers’ request for a temporary stay, saying the law could affect how journalists gather and report news. “This is perhaps the first comprehensive petition from what we call legacy media. There has been some debate about citizen journalists. We are traditional, conventional legacy media,” she said.
The bench refused to grant interim relief, saying the other side must be heard before a stay could be considered. It has notified the Union Government for a reply. The matter will be discussed further on November 17.
Why publishers challenged the law
On 11 August 2023, the Digital Personal Data Protection Act was passed to regulate how organizations collect, use, store and process individuals’ digital personal data. It sets out requirements regarding consent, data security and the rights of individuals regarding their information.
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The DNPA sought to overturn the contested provisions, arguing that the law could infringe on press freedom and jeopardize the confidentiality of journalistic sources.
The association includes news organizations such as HT Media, which publishes Mint and Hindustan Times, Network18, NDTV, The Times of India group, Dainik Bhaskar and India Today group, among others.
