News Publishers Move SC To Challenge The DPDP Act

A group of 21 news publishers has reportedly challenged India’s Digital Personal Data Protection (DPDP) Act in the Supreme Court (SC), arguing that the law could undermine investigative journalism and expose journalists’ sources.

The lawsuit, filed on October 6, argues that the law’s provisions on consent, data erasure and government access to information could restrict news reporting and force publishers to remove factual stories. The case is scheduled to be heard on October 27, according to a Reuters report.

The challenge comes nearly a year after the Centre notified the Digital Personal Data Protection Rules, 2025 in November last year. The broader DPDP Act, 2023 and the Rules establish a framework governing how organisations collect, process and protect individuals’ digital personal data.

The Digital News Publishers Association (DNPA), which represents the publishers, has argued that the law does not provide a specific exemption for journalistic activities. According to the confidential filing, the association reportedly said that the absence of such safeguards could compromise press freedom and investigative reporting.

The DNPA’s members include Mukesh Ambani-owned Network18, Gautam Adani-owned NDTV, the Indian Express and Times Internet, which is part of the Times of India group.

Publishers Vs The DPDP Act

A key concern raised by the publishers is the requirement to obtain consent before processing personal data. The DNPA has argued that requiring journalists to notify the subjects of investigations and seek their consent could allow them to destroy evidence or intimidate witnesses.

The association has also flagged provisions allowing individuals to withdraw consent and request the erasure of their personal data. According to the filing, the absence of a public-interest safeguard could force publishers to remove or substantially redact factual news reports.

The publishers have further raised concerns about provisions empowering the government to seek information from organisations handling personal data. They argue that these powers could expose confidential journalistic sources and discourage whistleblowers from sharing information about corruption, corporate wrongdoing and electoral malpractice.

The filing also challenges the government’s power to restrict access to information in the public interest, arguing that the provisions could curtail press freedom.

The DNPA has sought the quashing of several contentious provisions of the law, most of which are scheduled to come into effect from May 2027, Reuters reported.

The association has also argued that the government has granted broad exemptions to the state without extending corresponding protections to the press.

What The DPDP Framework Provides

The DPDP Act, enacted in August 2023, establishes obligations for processing digital personal data. The later DPDP Rules, notified in November 2025, provide a phased implementation framework, giving organisations up to 18 months to comply with specified requirements.

The framework requires platforms to obtain consent for processing personal data, provide clear information about its use and implement security safeguards. It also gives individuals rights to access, correct, update and seek the erasure of their personal data, subject to the applicable provisions.

The latest case marks one of the most prominent challenges to the DPDP framework so far, raising questions about how India’s data protection requirements will interact with press freedom and investigative reporting.

The Act provides for financial penalties of up to ₹250 Cr for failing to implement reasonable security safeguards. Other violations, including certain breaches of obligations relating to children’s personal data, can attract penalties of up to ₹200 Cr.

However, the publishers argue that the framework does not adequately account for the requirements of investigative journalism, particularly when reporting involves personal information collected in the public interest.

The government has maintained that the framework protects citizens’ privacy while supporting responsible data processing.

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