Policies · eGov
The News Broadcasters and Digital Association has written to the Union Minister for Electronics, Information Technology and Information and Broadcasting requesting a statutory exemption for journalistic activities under the Digital Personal Data Protection Act, 2023.
✦ AI SUMMARY 30-second read
- NBDA says the DPDP Act does not adequately address circumstances journalists face while collecting, verifying, retaining and publishing information in the public interest.
- The association warns that consent and data-erasure provisions could be misused to pressure journalists or secure removal of accurate news reports.
- Pending an amendment, NBDA has asked the government for written clarification and any interim legal protection available under existing law.
Why it matters: Compliance deadlines under the DPDP Act are approaching, making the absence of a journalism exemption an immediate operational concern for news organisations.
This summary was generated by AI. Editors may review and update it.
Document details
| Document type | Rules & Regulation |
|---|---|
| Issued by | Government of India |
| Region | India |
| Published | 5 November 2026 |
The News Broadcasters and Digital Association has written to Ashwini Vaishnaw, Minister for Electronics and Information Technology and Information and Broadcasting, requesting legal protection for journalists reporting on matters of public interest under the Digital Personal Data Protection Act, 2023. The association issued a statement to this effect the day before this report was published.
Separately, on October 27, the Supreme Court sought the federal government's response on a petition filed by the Digital News Publishers Association challenging the DPDP Act, 2023 and the DPDP Rules, 2025. That association, which represents 21 prominent news organisations, has argued that the law carries no exemption for journalism, could cripple news gathering and dilute the citizen's right to information.
What the document says
NBDA said it supports the protection of personal data and respects the importance of privacy, but holds that the Act does not adequately address the specific circumstances journalists face. The association's concerns centre on consent requirements, data-erasure rights, information-gathering powers and the penalties prescribed under the law, which it described as extremely harsh and burdensome.
NBDA noted that requiring journalists to seek consent from people under investigation could alert those individuals, allow them to withhold consent, expose confidential sources or lead to the destruction of evidence. It also warned that consent-withdrawal and data-erasure provisions could be used to seek removal of accurate news reports or related records.
The association further cautioned that information-gathering powers under the Act could result in demands that reveal confidential sources or unpublished investigations, and that the law could be misused to put pressure on journalists and news organisations.
Background
NBDA pointed out that the DPDP Act differs from the recommendations of the Justice B.N. Srikrishna Committee Report and from provisions in other data protection frameworks. It specifically cited Article 85 of the European Union's General Data Protection Regulation, which balances data protection with freedom of expression and information, including for journalistic purposes.
The association also noted that the existing exclusions and provisions for legitimate data use under the Act are limited and do not amount to a general exemption for public interest journalism. Some staggered compliance deadlines under the Act are coming up soon.
What happens next
While welcoming the government's assurance that it does not intend to restrict journalistic freedom, NBDA has requested that this assurance receive legal backing before the main obligations under the Act come into effect. Pending a formal amendment, the association has asked the government for written clarification on its position and any interim protection that can legally be provided under the existing law.