Data protection law lacks journalism safeguards, legal experts warn

Legal experts have flagged significant gaps in India's Digital Personal Data Protection (DPDP) Act, warning that the absence of explicit safeguards for journalistic activities could discourage investigative reporting in the public interest. The concerns come as the Supreme Court prepares to hear a challenge to the legislation, which came into force this year.

The DPDP Act, designed to regulate the collection and processing of personal data, does not contain clear exemptions that would shield journalists and news organisations from compliance obligations when handling personal information for reportage. Legal analysts argue this ambiguity creates a chilling effect, as media outlets may hesitate to pursue sensitive investigations involving personal data without explicit legal protection.

"The framework lacks specificity regarding journalistic exemptions, creating uncertainty for newsrooms engaging in legitimate public-interest reporting," legal experts emphasised in their assessment. The absence of such provisions contrasts with data protection regimes in other democracies, which typically contain carve-outs for press activities.

The Supreme Court challenge presents an opportunity to clarify the law's application to journalism and establish precedent for balancing data protection with press freedom. Legal commentators have called for amendments or judicial interpretation that would provide journalists with sufficient legal certainty while maintaining the Act's core objectives of protecting individual privacy rights.