DPDP Act and Press Freedom: The Debate Over a Journalism Exemption
The Union Ministry of Electronics and Information Technology (MeitY) said on 28 October 2026 that the Digital Personal Data Protection (DPDP) Act, 2023 has no provision that limits press freedom. It said press freedom is protected by the Constitution.
The Ministry invited editors and media professionals to an open dialogue on their concerns. Government sources said the law could be amended to protect journalism in clear words, if that is found necessary.
A day earlier, the Digital News Publishers Association (DNPA), a group of 21 news publishers, had challenged parts of the DPDP Act, 2023 and the DPDP Rules, 2025 in the Supreme Court.
The publishers' main point: the law gives exemptions for research, archiving and statistics, but no exemption for journalism. Rules on notice, consent and erasure (deleting data) could make investigative reporting difficult, and government demands for information could expose confidential sources.
They also challenged Section 44(3), which changes the Right to Information (RTI) Act, and the way the Data Protection Board is set up.
The Supreme Court issued notice to the Centre (asked for its reply) and listed the matter for hearing on 17 November 2026. It has not decided anything on the merits yet.
Digital Personal Data Protection (DPDP) Act, 2023
The DPDP Act, 2023 is India's first full law to protect 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 says how companies and the government (called Data Fiduciaries) may collect and use your data, and what rights you (the Data Principal) have. Its basic rule is that your data can be used only with your clear consent, or for a few "legitimate uses" listed in the law.
News publishers say the missing journalism exemption, and the rules on consent and erasure, could stop reporters from collecting personal data about the people they investigate. The government says the law does not touch press freedom because the Constitution already protects it. The Supreme Court case will test whether the Act strikes the right balance.
Freedom of Speech and Expression: Article 19(1)(a)
Article 19(1)(a) gives every citizen the right to freedom of speech and expression, by speaking, writing, printing, film, the internet or any other medium. The Constitution does not use the words "freedom of the press" anywhere. But the Supreme Court has held from the very start that press freedom is part of Article 19(1)(a). This right is not absolute: Article 19(2) lets the State put "reasonable restrictions" on it for eight listed reasons.
The publishers argue that the DPDP Act, by not exempting journalism, puts an unreasonable burden on press freedom under Article 19(1)(a). The government's position is that the Constitution itself protects journalism, so no special clause is needed. The court will have to balance press freedom against the privacy of the people being reported on.
Right to Privacy as a Fundamental Right (Article 21)
The right to privacy means every person can control information about their own body, home, choices and personal data. The word "privacy" is not written in the Constitution. In 2017, a nine-judge bench of the Supreme Court held in Justice K.S. Puttaswamy (Retd.) v. Union of India that privacy is a fundamental right. It is protected mainly under Article 21 (right to life and personal liberty) and also by other rights in Part III. The DPDP Act was made to put this right into practice for digital data.
The Ministry said the DPDP Act follows the Puttaswamy judgment, which made privacy a fundamental right. The publishers' petition also relies on Puttaswamy, but argues that privacy must be balanced with the public's right to know through a free press. This is the central tension in the case.
- DPDP Act: assent 11 August 2023; DPDP Rules notified 13 November 2025; most duties apply from May 2027
- Ministry statement on press freedom: 28 October 2026
- Petitioner: Digital News Publishers Association (21 news publishers)
- Supreme Court next hearing: 17 November 2026
- Section 17(2)(b): exemption for research, archiving and statistics; no journalism exemption
- PDP Bill, 2019 (Clause 36) had a journalism exemption; the 2023 Act does not
- Section 44(3) of DPDP Act amends Section 8(1)(j) of RTI Act, 2005
- Maximum penalty under DPDP Act: ₹250 crore
- Press freedom: part of Article 19(1)(a) (Romesh Thappar, 1950); restrictions only on the 8 grounds of Article 19(2)
- Right to privacy: Article 21, Puttaswamy (2017), nine-judge bench