Concerns escalate among journalistic associations regarding the influence of provisions within the DPDP Act
Journalists and civil rights bodies have expressed grave apprehensions about the Digital Personal Data Protection (DPDP) Act, 2023, as the legislation does not provide explicit exemptions for journalistic activities, as seen in earlier drafts. This omission has raised concerns about potential curtailment of press freedom and restrictions on journalists' ability to gather, analyze, and disseminate crucial information for public accountability[1][2][5].
The main concerns include:
- Lack of Journalistic Exemptions: Earlier drafts of the DPDP Act offered exemptions for journalistic work, but these provisions have been removed in the final Act. Journalists fear this omission could criminalise common journalistic practices related to managing personal data, potentially impeding investigations and reporting[1][2].
- Broad Government Control and Discretion: The Act grants extensive powers to a government-controlled Data Protection Board, allowing it to impose fines of up to Rs 500 crore. Critics fear these powers could be used arbitrarily to suppress journalistic activity, threatening democratic transparency[1][3].
- Chilling Effect on Press Freedom: The Act's restrictions on accessing and processing personal data may undermine the right to information (RTI Act) and whistleblower protections, thereby undermining journalism as a public-purpose tool. Activists and independent legal experts warn the Act could render investigative journalism "toothless," reducing it to mere promotion of the powerful rather than accountability reporting[3][4].
- Inadequate Legal Remedy for Journalists: Journalists and press bodies, such as the Press Club of India, have formally requested amendments to reintroduce journalistic exemptions, but they report that the government has so far refused to amend the Act despite widespread opposition. This refusal has heightened fears about future litigation and censorship risks[1][2][4].
- Broader Civil Rights Impact: Beyond journalists, whistleblowers, RTI activists, lawyers, and civil society groups also feel threatened by the Act's restrictions on data access and privacy. These restrictions are perceived to protect government and allied private entities from scrutiny, while increasing surveillance powers[2][3][5].
In addition, the bodies have raised questions about the applicability of terms such as "automated", "data fiduciary", and "data principal" to individuals involved in journalistic work. They have also expressed concerns about the amendments to Section 8 (1) (j) of the RTI Act through the DPDP Act, which has expanded the scope of information exempt from disclosure[6].
The organizations intend to make a submission to the Ministry regarding these matters, seeking clarity and advocating for changes to protect press freedom and ensure the continued practice of investigative journalism in India[7].
[1] Press Club of India [2] Indian Women's Press Corps [3] Digipub [4] Editors' Guild of India [5] Various Civil Rights Bodies [6] The specific date of the open house was August 15, 2025, but this fact is not directly related to the main topic of the article. [7] The open house was organized by the Press Club of India, the Indian Women's Press Corps, Digipub, and the Editors' Guild of India.
- The removal of journalistic exemptions from the Digital Personal Data Protection (DPDP) Act, 2023 has caused grave apprehensions among journalists and pressure groups, as it could criminalize common journalistic practices related to data management, potentially impeding investigations and reporting.
- Critics have raised concerns about the excessive powers granted to the government-controlled Data Protection Board under the DPDP Act, fearing these powers could be used arbitrarily to suppress journalistic activity, threatening democratic transparency.
- TheEditorial policy-and-legislation and general-news sectors are concerned that the Act's restrictions on accessing and processing personal data may undermine the right to information (RTI Act) and whistleblower protections, thereby undermining journalism as a public-purpose tool.
- In addition to the potential impact on the media industry, wider civil rights bodies also fear the Act's restrictions on data access and privacy will protect the government and allied private entities from scrutiny, while increasing surveillance powers, potentially threatening the overall health of India's democratic system.
