Center gets SC notice over media group's privacy law challenge
What's the story
The Supreme Court on Tuesday sought responses from the central government and the Ministry of Electronics and Information Technology (MeitY) on a plea challenging the Digital Personal Data Protection Act, 2023. The petition was filed by the Digital News Publishers Association (DNPA), which includes 21 major digital news publishers such as Network18, NDTV, the Indian Express, Times Internet, The Hindu, India Today, Zee Media, ABP Pvt Ltd., Malayala Manorama, Mathrubhumi Amar Ujala, Eenadu Television Pvt. Ltd. and others.
Legal arguments
Journalistic exemption needed to protect reporting
The plea argued that without a specific exemption for journalistic activities, journalists could be burdened with obligations related to notice, consent, and erasure of personal data.
They contended this could restrict reporting on public officials, crime, business and governance.
The petition also highlighted fears of exposing confidential sources due to the absence of a journalistic exemption in the law.
Fundamental rights
Petitioners argue provisions infringe on fundamental rights
"The conspicuous omission of a journalistic exemption in the Impugned Framework, without adequate safeguards for bona fide journalistic activity carried out in the public interest, threatens to undermine source confidentiality, editorial independence and the effective functioning of the digital news ecosystem," they submitted.
The petitioners claimed the provisions violate fundamental rights, including freedom of speech and expression.
Argument
'Newsrooms will shut if we have to ask for permission'
Senior Advocate Madhavi Divan, appearing for the DNPA, argued that requiring permission from individuals before publishing could lead to pre-censorship in newsrooms.
"We have raised the argument concerning exemptions as well. Otherwise, newsrooms will shut down if we have to ask for permission. It is....complete regime of pre-censorship," she said.
She also questioned why earlier versions of the legislation excluded journalism if it wasn't meant for them.
Divan urged the court to consider the stay application by the media group.
Judicial proceedings
Chief Justice's observations on media's role in safeguarding data
Chief Justice of India Surya Kant observed that media organizations could help suggest safeguards against personal data misuse while ensuring journalistic freedom.
"You are the domain experts....You are the best persons to suggest to the Union, as well as to us, how you will ensure that there is no misuse," he said.
However, the bench declined to grant an interim stay without hearing the other side.
The matter will be heard next on November 17.