Supreme Court seeks Centre's response to DNPA's challenge to DPDP Act

The Supreme Court on Tuesday issued notice to the Union government on a petition by the Digital News Publishers Association (DNPA) challenging provisions of the Digital Personal Data Protection (DPDP) Act, 2023, and the DPDP Rules, 2025. The court declined to stay the provisions at this stage.

A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana sought responses from the Ministry of Law and Justice and the Ministry of Electronics and Information Technology. It also issued notice on the association's stay application, returnable on November 17. The bench stressed the need to balance the right to privacy with journalistic freedom.

The DNPA represents the digital arms of 21 news organisations, including The Indian Express, The Hindu, India Today, the Times Group, Zee, NDTV and Network18. Its 698-page petition, filed on October 6, asks the court to quash most of the contentious provisions, which take effect from May 2027.'

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Why are 21 major organisations challenging the Digital Personal Data Protection Act, 2023?

The publishers argue that the law has no specific exemption for journalism. They say this would subject newsrooms to notice, consent and erasure obligations meant for commercial data handlers. Senior Advocate Madhavi Divan, appearing for the petitioners, told the court that requiring reporters to seek permission from the people they cover would defeat the purpose of reporting. She warned that newsrooms would not be able to function.

"This Act, when your lordships will see it, was not meant for journalism at all. The earlier avatars excluded us, we don't know why this has happened. It was not meant for us. Newsrooms will shut down if we have to ask for permission. This will set in a regime of pre-censorship. We have to ask someone's permission to report on them! How can that be? What will be news then? We will face the consequences if there is something wrong, but it cannot be frozen before it is published. We are regulated in any case," Senior Advocate Madhavi Divan submitted.

The petition says the obligations could force the deletion of records and evidence and expose confidential sources. It also challenges the Union government's broad powers to demand information from organisations that process personal data.

The DIGIPUB News India Foundation and the Editors Guild of India had raised similar concerns earlier. Ms Divan described the DNPA's petition as the first comprehensive challenge by legacy media.

The Supreme Court has not ruled on the constitutionality of the provisions. The government has yet to file its response in court.