Centre Open to Changing the Data Protection Law to Protect Press Freedom
The Union government, through the Ministry of Electronics and Information Technology (MeitY), said it is open to making changes in the Digital Personal Data Protection (DPDP) Act, 2023 to address concerns of news publishers. It also said the law, as it stands, does not limit press freedom.
This came after the Supreme Court issued notice (asked the government to reply) on 27 October 2026 on a petition by the Digital News Publishers Association (DNPA) and others. The DNPA has 21 member news organisations. The court did not pause (stay) the law for now and listed the stay request for 17 November 2026.
The publishers' main complaint: the Act has no exemption for journalism. So reporters could have to take consent, give notice and erase data of the very people they report on, which, they say, could hurt investigative reporting and expose confidential sources.
The petition asks the court to strike down several sections, including Sections 7, 17(2), 18, 19, 27, 29, 36, 37 and 44(3). Section 36 lets the Centre ask for information from any organisation, and Section 44(3) changed the Right to Information (RTI) Act.
Most of the Act's duties for organisations come into force in May 2027, 18 months after the DPDP Rules were notified in November 2025.
Digital Personal Data Protection (DPDP) Act, 2023
The Digital Personal Data Protection Act, 2023 is India's first full law to protect people's personal data in digital form. Personal data means any information that can identify you, such as your name, phone number, Aadhaar number or location. The law sets rules on how companies and the government may collect and use such data, gives people rights over their data, and sets up a Data Protection Board to punish violations.
The publishers' challenge targets the missing journalism exemption and the government's powers under Sections 36 and 37. The government's openness to changes suggests the Act could be amended to deal with these concerns before the main duties start in May 2027.
Freedom of Speech and Expression: Article 19(1)(a)
Article 19(1)(a) of the Constitution gives every citizen of India the right to freedom of speech and expression. You can share your views by speaking, writing, printing, films, the internet or any other medium. The word "press" does not appear in the article, but the Supreme Court has held that freedom of the press is part of this right. The right is not absolute: Article 19(2) lets the State place "reasonable restrictions" on eight grounds.
The publishers argue that the DPDP Act's duties, applied to journalism, are not a "reasonable restriction" under Article 19(2) and so violate Article 19(1)(a). The Supreme Court will have to balance press freedom against the right to privacy under Article 21.
Right to Information Act, 2005
The Right to Information (RTI) Act, 2005 gives every citizen the right to ask a public authority for information and get an answer within a fixed time, usually 30 days. It opened government files to ordinary people so they can check how public money and power are used. Some kinds of information are exempt under Section 8, and one of these exemptions covers personal information.
Section 44(3) is one of the provisions the publishers have asked the Supreme Court to strike down. Journalists often use RTI to get records for investigative stories, so a wider personal-information exemption directly affects their work.
- DPDP Act passed: August 2023; DPDP Rules notified: November 2025
- Main duties of organisations apply from May 2027 (18 months after the Rules)
- Supreme Court issued notice on the DNPA petition: 27 October 2026; stay plea listed for 17 November 2026
- DNPA: 21 member news organisations
- Sections challenged: 7, 17(2), 18, 19, 27, 29, 36, 37 and 44(3)
- Maximum penalty under the DPDP Act: ₹250 crore
- Section 44(3) of the DPDP Act amends Section 8(1)(j) of the RTI Act, 2005
- Right to privacy recognised as a fundamental right: K.S. Puttaswamy (2017)