Indian publishers challenge privacy law over investigative journalism concerns

A group of 21 Indian news publishers, including media companies linked to Mukesh Ambani and Gautam Adani, has asked the Supreme Court to overturn contested parts of the country's digital privacy law, according to court documents reviewed by Reuters.

What the filing argues

The Digital Personal Data Protection Act, 2023, is intended by the government to regulate digital personal data and raise compliance obligations for organisations handling it. Reuters reported that the publishers' October 6 petition says the law does not provide a written press exemption comparable with protections cited in the European Union, Singapore and Britain.

The Digital News Publishers Association, whose members include Network18, NDTV, the Indian Express and Times Internet, argues that a requirement to obtain consent could interfere with investigations. In the group's account, notifying the subject of an inquiry could allow evidence to be destroyed or witnesses to be pressured.

The publishers also object to provisions allowing people to withdraw consent and seek deletion of data. They say those powers lack a public-interest safeguard and could force news organisations to remove or substantially edit factual reports. The filing further challenges powers to demand information, warning that they could put confidential sources at risk.

Dispute reaches a high-profile hearing

Reuters said the petition was due to be heard on October 27 and represents the most prominent challenge yet from large media businesses. The provisions at issue are scheduled, according to the report, to begin taking effect from May 2027.

The publishers' position is an allegation in ongoing litigation, not a court finding. Reuters reported that the DNPA and the publishers did not respond to its requests for comment, while India's information technology ministry also did not respond. The government says it respects press freedom and describes India as having a broad and vibrant media ecosystem.

The case places a legal question beside a practical one: how to enforce data rights without making routine investigative reporting dependent on a subject's consent or a newsroom's willingness to reveal information. The Supreme Court's response will determine whether those safeguards are added by judicial order, legislative action or neither.

Sources

• Reuters report
• India Ministry of Electronics and Information Technology: Digital Personal Data Protection Act, 2023