New Delhi, October 27: The Supreme Court on Tuesday sought the Centre’s response to a petition challenging provisions of the Digital Personal Data Protection (DPDP) Act and its accompanying rules, which news publishers claim could infringe press freedom and restrict the public’s right to information.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana issued notice after hearing senior advocate Madhavi Divan, who appeared for the Digital News Publishers Association (DNPA).
The matter has been scheduled for further hearing on November 17, along with other pending cases.
The DNPA has challenged several provisions of the data protection law and the related rules, seeking their declaration as unconstitutional. The association argues that the absence of an exemption for journalistic activities could hamper news reporting, weaken investigative journalism and compromise the confidentiality of journalistic sources.
During the hearing, Divan described the petition as a comprehensive challenge by traditional media organisations, distinguishing them from citizen journalists.
The senior advocate also urged the court to issue notice on the association’s application seeking an interim stay on the contested provisions.
Arguing that the law’s consent requirements could make routine news gathering difficult, Divan questioned how journalists could report on matters involving individuals who might refuse permission for their personal information to be used.
She highlighted the potential impact on television news and time-sensitive reporting, arguing that obtaining consent before reporting could create significant operational difficulties for newsrooms.
The association has also challenged amendments to Section 8(1)(j) of the Right to Information (RTI) Act, claiming that the changes could restrict public access to information concerning public officials and affect transparency.
Divan argued that the amendment had altered the framework governing access to information relevant to news reporting and public scrutiny.
The petition has further raised concerns about the Centre’s powers to requisition information under the DPDP Act, contending that these provisions could have far-reaching implications for news organisations and their ability to report on matters of public interest.
The Supreme Court will consider the matter further on November 17. The Centre’s response is awaited, and the court has not yet ruled on the constitutional validity of the challenged provisions.
