New privacy law will shut down news rooms, change the concept of news: Digital News Publishers Association

The Digital News Publishers Association (DNPA), a group of 21 publishers from across the media spectrum, including ones owned by the Ambani and Adani groups, said the Central government’s new privacy law will “shut down news rooms and usher in an era of censorship”.

DNPA urged a Bench headed by Chief Justice of India Surya Kant to issue notice to the Union government on their plea for a stay of the Digital Personal Data Protection Act, 2023 and the Digital Personal Data Protection Rules, 2025.

The Supreme Court issued notice to the Centre and listed the case for detailed hearing on November 17.

“We cannot pass ex parte orders of stay,” Chief Justice Kant said.

Senior advocate Madhavi Divan and advocate Anuj Tiwari, appearing for DNPA, said the association was not asking for a stay but wanted the Centre to address the court on their plea for an interim stay of the privacy law.

“If I (publishers) are left to the mercy of the data principal, it will close down news rooms… They are changing the very concept of news,” Ms. Divan submitted.

The CJI welcomed suggestions from DNPA on how to balance the rights of innocent citizens against the misuse of Press freedom by the media while protecting the latter’s right to disseminate information to the public.

“You (DNPA) are the best person to tell us… How do we ensure that a balance is struck?” Chief Justice Kant addressed Ms. Divan.

The senior counsel said the privacy law was not meant for journalists at all. The very objectives of the law did not intend to fetter journalistic freedom exercised by traditional and recognised media houses, who were already regulated by bodies like the Press Council of India.

“If we report inaccurately, we will suffer… Now they are saying we have to ask them before publishing?” Ms. Divan challenged.

DNPA has argued that the law was completely in contravention with the law laid down by the Supreme Court in its privacy judgment, which held the right inviolable and fundamental to human dignity and life.

“They impermissibly restrict the fundamental right to information and freedom of speech and expression,” the petition said.

The law “failed to provide any exemption in favour of journalistic activity as a distinct class of processing, entitled to constitutional protection under Article 14 and 19(l)(a) of the Constitution of India and threaten the full spectrum of Journalistic activity carried out by journalists, ground reporters, citizens, whistleblowers, RTI activists, and other stakeholders, and strikes at the core of our democratic framework and runs contrary to the basic tenets of the Constitution of India”.

It said publishers, editors, reporters and correspondents were, as a consequence of the law, brought within a regime of notice and prior consent, compelled erasure, and verifiable consent.

“Such a power is capable of being turned to the identification and targeting of journalistic sources and is thus constitutionally infirm,” the petition said.