The challenge comes as the government implements the privacy law, which regulates the processing of digital personal data and imposes compliance requirements on organisations handling such information, including technology platforms such as Meta and Google.
New Delhi: The Supreme Court on Tuesday sought the government's response to a plea by news publishers challenging provisions of India’s data protection law, which they say could restrict investigative journalism, expose confidential sources and force reporters to seek consent from people they investigate.
The Digital News Publishers Association (DNPA), which represents news organisations, has challenged provisions of the Digital Personal Data Protection (DPDP) Act, 2023, arguing that it lacks an adequate exemption for journalism. It says consent requirements could make it hard to investigate individuals without alerting them in advance. Provisions allowing people to seek deletion of their personal data could also affect published reports and digital archives, it adds, while the government’s powers to demand information could expose confidential sources.
“We have raised the argument concerning exemptions as well. Otherwise, newsrooms will shut down if we have to ask for permission,'' senior counsel Madhavi Goradia Divan told the three-judge bench, led by Chief Justice of India. "We have to ask your permission if we report on you. How can that ever be? What is news otherwise?”
The challenge comes as the government implements the privacy law, which regulates the processing of digital personal data and imposes compliance requirements on organisations handling such information, including technology platforms such as Meta and Google. The publishers argue that the absence of a specific exemption for journalism threatens press freedom.
The government notified the DPDP Rules on 14 November 2025, setting out a phased implementation of the law. While some provisions took effect in November 2025, most substantive obligations are scheduled to come into force on 14 May 2027.
An email query sent by Mint to the DNPA and the ministry of information and broadcasting had not received a response by press time.
Divan said the law could leave journalists dependent on individuals’ consent to report on them, potentially undermining investigations and the functioning of newsrooms.
The petition is among the most prominent challenges to the data protection law by major media organisations. Media companies had also received assurances from the government at a meeting in August that the law would protect press freedom, Reuters reported.
No relief yet
Chief Justice of India Surya Kant said the court would have to balance citizens’ rights with media freedom. “You are the domain experts. You are in this field. 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.
Divan urged the court to consider the publishers’ application for an interim stay, arguing that the law could affect how journalists gather and report news. “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 said.
The bench declined to grant interim relief, saying the other side must be heard before a stay could be considered. It issued notice to the Union government seeking its response. The matter will next be heard on 17 November.
Why publishers have challenged the law
The Digital Personal Data Protection Act was enacted on 11 August 2023 to regulate how organisations collect, use, store and process individuals’ digital personal data. It establishes requirements relating to consent, data security and individuals’ rights over their information.
The DNPA has sought the quashing of the challenged provisions, arguing that the law could undermine press freedom and compromise the confidentiality of journalistic sources.
The association includes news organisations such as HT Media, which publishes Mint and Hindustan Times, Network18, NDTV, The Times of India group, Dainik Bhaskar and India Today group, among others.
About the Author
Yash Tiwari
Yash Tiwari is a Mumbai-based journalist who reports on corporate and regulatory developments, with a focus on court-driven policy shifts and the intersection of law and public policy. He has been in the profession for two years. Before joining Mint, he worked at NDTV Profit as an assistant producer on the TV desk while also reporting, gaining experience across television and print journalism and combining reporting with production expertise.<br><br> Born in Kolkata, a city he remains deeply connected to, Yash has a keen interest in the technicalities of Indian law and aims to decode complex legal developments in a clear and accessible manner for readers. He is a graduate of the Asian College of Journalism, Chennai, where he completed his postgraduate diploma in journalism.<br><br> He closely follows politics and government policies, and has covered several state elections as a freelance journalist. His work is driven by the idea of making law less intimidating and more understandable for the general public.<br><br> When not at work, Yash can be found playing cricket, revisiting classic matches, or engaging in conversations about the evolving landscape of law and policy in India.