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DPDP Act, Press Freedom and Scrutiny of Public Functionaries

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DPDP Act, Press Freedom and Scrutiny of Public Functionaries

The Digital News Publishers Association has challenged the DPDP Act, 2023 and its Rules, 2025 in the Supreme Court, saying a privacy law with no exemption for journalism can chill the media
MAXIMUM PENALTY
₹250 crore
RTI ACT AMENDED BY
Section 44(3)
PRESS PROTECTED UNDER
Article 19(1)(a)
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Why in News

The Digital News Publishers Association (DNPA) has challenged the Digital Personal Data Protection (DPDP) Act, 2023 and its Rules, 2025 in the SC, saying a privacy law with no exemption for journalism can chill the media.

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What is the press’s objection to the Act?

Publishers say a law meant to protect privacy can end up shielding those under investigation.

  • No journalistic exemption: The 2018, 2019 and 2021 drafts had one, but the 2023 Act does not, and the DNPA’s petition says this leaves reporters under the Act’s rules.
  • Reporters as “data fiduciaries”: A journalist probing corruption or official misconduct may have to notify and seek consent from the very person being investigated, even in routine newsgathering.
  • Uneven treatment: The Act already exempts some processing, such as research and statistics, so refusing the same to journalists is hard to justify.
  • Heavy penalties: Fines of up to ₹250 crore could shut smaller and independent newsrooms.
  • Comparison: The EU’s GDPR has a journalism exemption (Article 85).
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How does Section 44(3) change the RTI Act?

The DNPA’s petition says the change weakens the public’s right to examine officials.

  • Earlier: Section 8(1)(j) of the RTI Act exempted personal information with no link to a public activity or interest, but allowed disclosure where a larger public interest justified it.
  • Now: Section 44(3) of the DPDP Act removes that balancing test, so personal information can be refused outright.
  • Effect on reporting: Investigations into corruption rely on asset disclosures and tender documents, which hold personal data. The petition says restricting them could reduce journalism to reproducing government releases.
  • The challenge: The DNPA asks the Court to declare the amended clause unconstitutional.
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Note: Privacy should not become a shield for public functionaries and those who handle public funds.
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Why is “who is a journalist” hard to answer?

  • No statutory protection: Journalists have no specific law for their work. The press is protected under Article 19(1)(a).
  • Changing news habits: A 2026 Reuters Institute report says the share of 18 to 24-year-olds using social media as their main news source rose from 21% (2015) to 39% (2025).
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Challenges

  • Chilling effect: Fear of penalties can stop investigations in the public interest.
  • Legal uncertainty: Until the Court rules, publishers face open questions on consent and erasure.
  • Defining the exemption: Too wide an exemption can be misused, and too narrow can exclude real journalism.
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Way Forward

Consensus framework
Stakeholders should agree on how public functionaries are not insulated from scrutiny under the cover of privacy.
Journalistic exemption
A clear, public-interest-based exemption for journalistic activity.
RTI Act
Restore the public-interest test in the RTI Act for personal information about public authorities.
Penalties and consent
Proportionate penalties and clear rules on notice and consent for newsgathering.
Conclusion: Privacy and transparency can both be protected. A clear exemption for journalism and a public-interest test for public officials can keep both rights alive.
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Source: The Hindu

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