Current Affairs · · GS2 · Polity

Publishers' challenge puts DPDP Act's impact on journalism, RTI in court

The Digital News Publishers Association has challenged the Digital Personal Data Protection Act, 2023 and its Rules in the Supreme Court, which has issued notice. It argues the Act's lack of a journalism exemption and its amendment of the RTI Act could weaken scrutiny of public officials. A Hindu editorial says public functionaries must not use privacy to escape accountability.

Event date:

REq1
  1. Note1 / 5

    WHY IN NEWS?

    • The Digital News Publishers Association (DNPA) has challenged the DPDP Act, 2023 and its Rules.
    • It argues that the absence of a specific exemption for journalism could undermine investigative reporting.
    • It also challenges Section 44(3) of the Act, which amended the RTI Act, 2005.
    • The Supreme Court has issued notice.
    • A Hindu editorial argues privacy must not shield public functionaries from scrutiny.

    The matter is before the Court.

  2. Note2 / 5

    THE RTI AMENDMENT

    ProvisionBefore DPDP ActAfter DPDP Act
    RTI Section 8(1)(j)Personal information exempt unless larger public interest justified disclosurePersonal information exempt, without that internal public-interest clause
    RTI Section 8(2)Public interest can override exemptionsUnchanged

    Critics say the change makes it easier to refuse records about officials. Supporters note Section 8(2) still allows disclosure in the public interest.

  3. Note3 / 5

    KEY CONCEPTS

    1. Why does a journalism exemption matter?

    Without one, a news outlet processing personal data may need consent or must meet the same duties as any business. That can be hard when investigating the powerful.

    1. Did earlier drafts have such an exemption?

    Yes. The 2018 draft from the Justice B.N. Srikrishna Committee, the 2019 Bill and the 2021 Joint Parliamentary Committee version included one. The final 2023 Act does not.

    1. What do other countries do?

    The EU's GDPR (Article 85) requires States to reconcile data protection with free expression. The UK's Data Protection Act, 2018 gives conditional exemptions for journalism in the public interest.

    1. Which rights are in tension?

    Privacy under Article 21 (Puttaswamy, 2017) and free speech, including press freedom, under Article 19(1)(a) (Romesh Thappar, 1950).

  4. Note4 / 5

    THE DEBATE

    This card sets out documented positions. It does not adjudicate between them.

    • Petitioners' concerns: Consent and notice rules could tip off subjects of investigations; penalties up to ₹250 crore could chill small newsrooms; government powers to call for information under Section 36 could expose sources.
    • Case for the Act: It protects individuals, including children and survivors of sexual violence, from harmful disclosure and misuse of their data.
    • Public versus private: Official conduct and public money deserve more scrutiny than unrelated personal matters.
    • Changing media: Freelancers and independent digital journalists may fall outside any exemption limited to registered outlets.
  5. Note5 / 5

    WAY FORWARD

    These are the editorial's suggestions, not adopted policy.

    • Add a conditional journalism exemption with ethical safeguards.
    • Apply a public-interest test that weighs accountability against privacy harm.
    • Separate public and private conduct when deciding disclosure.
    • Cover independent journalists, not just registered media houses.
    • Protect sources and whistleblowers.
    • Consult widely with editors, journalists and civil society.

Sources

Syllabus

PaperSubjectSub-topic
GS2PolityFundamental rights, transparency and accountability, RTI, media
GS3Science & TechnologyData protection
PrelimsPolityDPDP Act Section 44(3), RTI Section 8(1)(j), Puttaswamy, GDPR

Topics

Fundamental RightsGovernanceInformation and Communication Technology

Practice questions

  1. Which section of the DPDP Act, 2023 amended Section 8(1)(j) of the RTI Act?

    1. Section 17
    2. Section 36
    3. Section 44(3)
    4. Section 9
    Show answer

    Answer: C. It broadened the personal information exemption.

    Difficulty: medium · statement

  2. Which of the following provides for reconciling data protection with freedom of expression in the EU?

    1. GDPR Article 17
    2. GDPR Article 85
    3. ePrivacy Directive
    4. Digital Services Act
    Show answer

    Answer: B. Member States must provide exemptions for journalism.

    Difficulty: medium · statement

  3. Press freedom was recognised as part of Article 19(1)(a) in:

    1. Romesh Thappar v. State of Madras
    2. Maneka Gandhi v. Union of India
    3. Shreya Singhal v. Union of India
    4. K.S. Puttaswamy v. Union of India
    Show answer

    Answer: A. It was decided in 1950.

    Difficulty: medium · statement

Mains practice

Answer-writing practice on this article. Attempt it first, then open the hints.

  1. GS2 · 250 words

    "Data protection must not become a shield against accountability." Discuss with reference to the DPDP Act's impact on journalism and the RTI Act.

    Show hints
    1. Section 44(3)
    2. Section 8(1)(j) and 8(2)
    3. journalistic exemption, Puttaswamy
    4. Article 19(1)(a)
    5. GDPR and UK models.