India’s Supreme Court seeks response to publishers’ data-law challenge
India’s Supreme Court sought the government’s response to news publishers challenging the application of personal data rules to journalism. The publishers argue that consent and deletion requirements could obstruct investigations and compromise confidential sources. The judges declined to suspend the disputed provisions without hearing the government. The case will return to court on November 17.
Geopolitics··Morning
Court declines a suspension before hearing the government
India’s Supreme Court sought the central government’s response on October 27 to a challenge brought by the Digital News Publishers Association, a group representing news publishers. Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana also issued notice on the association’s application for a temporary suspension. The challenge concerns the Digital Personal Data Protection Act of 2023 and rules made under it.[1], [2]
The judges declined to grant interim relief without hearing the government’s side. The association was allowed to serve the government’s standing counsel. The matter was scheduled for November 17, alongside other pending challenges to the data protection provisions.[1], [2]
Publishers challenge consent requirements for reporting
The association represents 21 news publishers, including Network18, NDTV, The Indian Express and Times Internet. Its lawyer, Madhavi Divan, argued that the absence of an explicit journalism exemption could leave newsrooms dependent on permission from the people they investigate. The publishers contend that this would obstruct investigative reporting and the public’s access to information.[1]
The petition also raises the risk of published reports being removed at individuals’ request and confidential sources being exposed. Divan said earlier versions of the legislation had excluded journalistic activities. She also noted that media organisations already operated under frameworks covering the Press Council, cable television and information technology rules.[1]
Judges ask publishers to propose privacy safeguards
The chief justice said a balance was needed between citizens’ privacy rights and publishers’ rights. He asked the media organisations to help the court and government identify safeguards against misuse of personal data. The contention that the provisions threaten press freedom remains the applicants’ argument; the court has not decided the constitutional merits.[1], [2]
Other cases already before the court challenge the same law’s effect on access to information. They contest the amendment to the personal-information disclosure provision of the Right to Information Act of 2005. Those challenges concern transparency and access to information, while the publishers’ petition focuses on gathering news, publishing reports and protecting confidential sources.[1], [2]
