An analytical legal column published by Bar and Bench examined the constitutional challenge mounted by the Digital News Publishers Association before the Supreme Court of India, contesting provisions of the Digital Personal Data Protection Act, 2023. Media organizations argue that the privacy statute fails to provide explicit exemptions for journalistic inquiries, creating an existential blind spot that imperils investigative journalism, corporate accountability probes, and public interest whistleblowing. Under current statutory provisions, journalists could face massive financial penalties for processing personal data without explicit subject consent.
The legal critique drew comparisons with international privacy regulations, such as the European Union’s General Data Protection Regulation, which explicitly incorporates broad exemptions to harmonize personal privacy protections with freedom of expression. Media legal scholars warned that requiring journalistic investigations to obtain advance consent from subjects defeats the purpose of investigative reporting into corporate fraud and political corruption. The pending constitutional adjudication before the Supreme Court is anticipated to establish vital legal benchmarks harmonizing the fundamental right to privacy with the constitutional freedom of the press.
Created by Ayen Stabel.
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Sources:
https://www.barandbench.com/columns/courting-controversy-privacy-law-press-blind-spot