Privacy Law Can Shut Newsrooms: Media Body; SC Notice To Centre, Pg3

Key Highlights:

• The Supreme Court has issued notice to the Centre regarding a petition filed by the Digital News Publishers Association (DNPA).
• The petition challenges provisions of the Digital Personal Data Protection Act, 2023 (DPDP Act) and Digital Personal Data Protection Rules, 2025, arguing they fail to exempt journalistic activities.
• The DNPA contends that the Act's requirements for consent from data principals would lead to "pre-censorship" and could "shut down newsrooms."
• A three-judge bench, including Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana, has listed the matter for hearing on November 17.
• The media body argues that the challenged provisions contravene the Supreme Court's 2017 ruling in K.S. Puttaswamy vs Union of India and impermissibly restrict fundamental rights.

Detailed Insights:

• The Digital News Publishers Association (DNPA), representing 21 major news organizations, argues that the DPDP Act lacks specific exemptions for journalism, unlike earlier data protection drafts.
• The petition specifically targets Sections 17(2), 18, 19, 27, 29, 37, 44(3) of the DPDP Act and Rules 16, 17, and 23 of the DPDP Rules.
• These provisions are alleged to violate constitutional protections under Article 14 (equality before law) and Article 19(1)(a) (freedom of speech and expression) of the Constitution of India.
• Senior Advocate Madhavi Divan, representing the DNPA, highlighted that requiring prior consent from individuals for news reporting would fundamentally alter the concept of news.
• The Supreme Court acknowledged the need to balance citizens' privacy rights with press freedom and invited the DNPA to suggest safeguards against potential misuse.
• The DNPA's challenge also raises concerns that the Act's provisions could force publishers into a regime of notice, prior consent, compelled erasure, and verifiable consent, impacting journalistic sources.

Key Concepts Involved:

• Digital Personal Data Protection Act, 2023 (DPDP Act): India's comprehensive law regulating the processing of digital personal data, aiming to balance individual privacy rights with lawful data processing.
• K.S. Puttaswamy vs Union of India (2017): A landmark Supreme Court judgment that unanimously declared the right to privacy as a fundamental right under Articles 14, 19, and 21 of the Constitution of India.
• Article 19(1)(a) of the Constitution of India: Guarantees all citizens the fundamental right to freedom of speech and expression, from which the freedom of the press is derived.
• Data Principal: An individual whose personal data is being processed, granted rights under the DPDP Act to control their data, including the right to consent and withdrawal of consent.