DPDP Law Preserves Media Independence, Centre Asserts
Information and Broadcasting Minister Ashwini Vaishnaw on Wednesday stated that the Digital Personal Data Protection Act, 2023, offers complete protection to journalism. He said nothing in the law restricts the ability of media outlets to publish news independently.
The statement comes as the Digital News Publishers Association (DNPA) has moved the Supreme Court against the legislation. The association believes that the law's lack of a specific exemption for journalistic activities could disrupt news collection and infringe upon citizens' right to information.
According to Vaishnaw, the law was not designed to interfere with press freedom. He said the privacy legislation fully upholds the independence of journalism. The law was prepared after the Supreme Court acknowledged privacy as a fundamental right.
The minister pointed out that a large-scale public consultation preceded the drafting of the law, and that industry stakeholders took part in it. 'The consultation went on for a month and included the industry. None of the law's provisions violate press freedom,' he remarked.
In response to the apprehensions raised by media bodies, Vaishnaw explained that under this law, journalists are not obliged to take permission from a person before publishing a report about them. The law also does not compel journalists to reveal the source of their information.
He further stated that clearance from anyone mentioned in a news report is not mandatory, and there is no condition requiring disclosure of news sources.
The Supreme Court had on Tuesday sought the Centre's reply to the DNPA's plea. The DNPA represents 21 leading news organisations. In its petition, it has contended that the absence of explicit exemptions for journalistic activities could adversely affect investigative journalism and public-interest reporting.
The association has also voiced concern that provisions on processing digital personal data could have an impact on the working of journalists, particularly where obtaining and using personal information is central to a story.
Parliament had enacted the Digital Personal Data Protection Act in August 2023. It is a comprehensive law regulating the protection and processing of digital personal data in India.
Under this Act, personal data can be processed based on the consent of the individual or on certain 'legitimate uses' mentioned in Section 7 of the law.