India's Media Giants Sue Government Over Data Privacy Law | The Palki Sharma Show | IGR

Legal Challenge to India’s Digital Personal Data Protection Act

Twenty-one Indian media companies have challenged the Digital Personal Data Protection (DPDP) Act, which was passed in 2023. The law is being implemented in phases, with some provisions scheduled to take effect by May 2027. Rules were announced in 2025.

The Act defines digital personal data broadly. It includes information such as names and phone numbers, as well as IP addresses and online user IDs.

Rights and Concerns

The law gives people rights over how their personal data is used, including the right to ask about its purpose, correct or delete it, and withdraw consent. It also provides special protections for children and people with disabilities.

Media companies argue that applying these rules to journalism could obstruct reporting. They say:

• Reporters investigating alleged wrongdoing could be required to obtain consent from the people they are investigating, potentially allowing evidence to be destroyed or witnesses to be pressured.
• If a source later withdraws consent, newsrooms could be required to revise or remove published material.
• The government could demand personal data from platforms, potentially exposing journalistic sources without a court order or independent review.
• Violations could result in fines of up to $26 million (about Rs 240 crore), and a source could be blocked after two penalties.

Supreme Court Case

The companies—including The Indian Express, Network 18, NDTV and The Times Group—brought the case to the Supreme Court. Their lawyer argued that the law risks creating “pre-censorship” by making reporting dependent on permission.

The Court issued notice to the central government and scheduled a hearing for November 17. It said press freedom must be balanced with privacy.

International Comparisons and Government Response

The report contrasts India’s law with data-protection regimes in Britain, the European Union and Singapore, which it says include exceptions for journalism. India’s previous data rules also had an exception, but the new rules do not.

The government has dismissed the concerns. The IT Minister said editors would be invited for talks and that changes could be considered. The media groups say they need legal guarantees, not just assurances.

Contributors

• Presenter: Palki Sharma
• Other contributors: None identified in the subtitles.