SC asks for Centre's reply against Data Protection Act
NEW DELHI: The Supreme Court on Tuesday issued notice to the Centre on a petition filed by the Digital News Publishers Association (DNPA) challenging provisions of the Digital Personal Data Protection (DPDP) Act and its accompanying rules.
The association had alleged that the act infringe press freedom and the right to information.A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana issued the notice after hearing senior advocate Madhavi Divan, appearing for the DNPA. The matter will be heard next on November 17 along with pending petitions.The plea seeks to strike down several provisions of the law, arguing that the absence of an exemption for journalistic activities could impede reporting, undermine investigative journalism and compromise the confidentiality of sources.Describing the petition as a comprehensive challenge by traditional news organisations, Divan told the bench, “This is perhaps the first comprehensive petition by what we call legacy media. There has been some debate over citizen journalists. We are the traditional, conventional legacy media.”She sought an interim stay on the challenged provisions, arguing that consent requirements could make routine and time-sensitive reporting difficult.
“If I am left to the mercy of the data principal as to whether he or she will give consent, how will news be reported?” she asked.Divan also warned that the provisions could affect live television coverage and restrict newsrooms from reporting without prior permission.
“What is the point if I have to ask for permission and consent,” she asked.According to Reuters, media groups told the court that the law amounted to pre-censorship and could force newsrooms to shut down.
The challenge involves 21 news publishers.
RTI amendment also challenged
The DNPA has also challenged the amendment to Section 8(1)(j) of the Right to Information (RTI) Act, arguing that it restricts access to information and limits public scrutiny.“Section 8(1)(j), the deletion, is changing the whole concept of news,” Divan submitted according to news agency PTI.The petition further questions the Centre’s powers to requisition information under the DPDP Act, claiming they could affect news organisations’ ability to report on matters of public interest.The Supreme Court is scheduled to hear the matter on November 17 alongside pending cases.