New Delhi, October 28 Union Minister for Information and Broadcasting Ashwini Vaishnaw stated on Wednesday that the Digital Personal Data Protection (DPDP) Act, 2023, fully safeguards freedom of the press and contains no provisions that would hinder the media’s ability to publish news independently.
The Minister’s statement comes at a time when the Digital News Publishers Association (DNPA) has challenged the Act in the Supreme Court. The Association argues that the absence of specific exemptions for journalistic activities could impede the news-gathering process and undermine citizens’ right to information.
Vaishnaw emphasized that there was no intention to compromise press freedom when drafting the legislation. He asserted that the privacy-related law fully upholds the freedom of the press. It was formulated following the Supreme Court’s landmark judgment, which recognized privacy as a fundamental right.
The Union Minister noted that the legislation was developed after extensive public consultation, which also involved participation from the industry. “The consultation process lasted for a month and included the industry. No provision in the Act violates the freedom of the press,” he said.
Addressing concerns raised by media organizations, Vaishnaw clarified that the Act does not require journalists to obtain consent from an individual before publishing a news report about them. Furthermore, there is no provision in the law that compels journalists to disclose their sources.
He reiterated that there is no obligation to seek approval from any individual mentioned in a news report prior to its publication. Similarly, there is no requirement for journalists to reveal their sources. Earlier on Tuesday, the Supreme Court sought a response from the Central government regarding a petition filed by the DNPA. The DNPA represents 21 major news organizations. In its petition, the association has argued that the absence of an explicit exemption for journalistic activities in the law could adversely affect investigative journalism and reporting in the public interest.
The DNPA is concerned that provisions related to the processing of digital personal data could impact journalistic operations—particularly in instances where the collection and use of personal information are essential for news reporting.
It is noteworthy that Parliament passed the Digital Personal Data Protection Act in August 2023. This is a comprehensive law governing the protection and processing of digital personal data in India.
Under this Act, personal data may be processed either with the consent of the individuals concerned or based on certain “legitimate uses” as specified under Section 7 of the law.
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