Government Open to Revising DPDP Act

The Indian government has indicated its willingness to amend the Digital Personal Data Protection (DPDP) Act and its rules if provisions are found to undermine constitutional protections for press freedom and journalistic activities.

Senior officials from the Ministry of Electronics and Information Technology clarified that the legislation primarily regulates organisations processing personal data, rather than restricting legitimate journalism or editorial independence.

Information and Broadcasting Minister Ashwini Vaishnaw stated that Section 7 principally addresses data fiduciaries, including banks, telecommunications operators and insurance companies, while maintaining that journalism should not face unnecessary restrictions.

The clarification follows a Supreme Court decision to examine a petition filed by the Digital News Publishers Association, representing 21 leading Indian news organisations, challenging provisions potentially affecting freedom of speech and expression.

The controversy exposes a fundamental regulatory dilemma: protecting citizens' personal information without weakening investigative journalism, public-interest reporting or the media's constitutional role in holding institutions accountable.

Unlike India's DPDP framework, the European Union's General Data Protection Regulation (GDPR) explicitly permits member states to reconcile privacy protections with freedom of expression, including exemptions for journalistic purposes under Article 85.

India's legislation does not provide an equivalent blanket journalistic exemption, creating uncertainty about its application to news organisations. Government assurances therefore require appropriate legal clarification to ensure consistent interpretation and enforcement.

The larger challenge is achieving regulatory balance. India must protect personal data while preserving independent journalism, transparency and democratic accountability. Clearly defined safeguards and proportionate exemptions could strengthen public confidence without compromising the fundamental right to privacy.