New Delhi: Twenty-one news publishers, including NDTV and CNN-News18, have approached the Supreme Court against the Centre’s data privacy law. They say the law could affect investigative journalism and put journalists’ confidential sources at risk.
The petitions have been filed by the Digital News Publishers Association (DNPA), a body representing major news organisations. According to the Supreme Court’s cause list, a bench led by Chief Justice of India Surya Kant is expected to hear the case on Tuesday, as reported by The New Indian Express.
The publishers have challenged the Digital Personal Data Protection Act, 2023, and the rules made under it. The law was introduced to protect people’s digital personal data. It also places new compliance requirements on technology companies such as Meta and Google.
DNPA’s main argument is that the law does not exempt journalism. The publishers say this could affect press freedom and the constitutional right to free expression.
The association has said that the consent requirement could create problems for reporters. A journalist may have to inform the person being investigated and seek consent before using their personal data. DNPA has warned that this “would allow that subject to destroy evidence, intimidate witnesses”.
In its petition, DNPA said the law would “render investigative journalism a benign and neutered recorder of events”. It also described the provisions as “pre-censorship which is anathema to any democracy worth its name”.
The publishers have further said that the government’s power to seek information could expose journalists’ sources. DNPA has asked the Supreme Court to strike down the contentious provisions, which are due to come into force from May 2027.