DPDP Act and Journalists: Govt Sources Say Newsrooms Are Not Covered
Anonymous officials say press bodies need not worry, but publishers still have no written exemption and their Supreme Court plea is pending.
Image: Wikimedia Commons
Government sources said in New Delhi on Saturday, 7 November, that journalists and news organisations are not “data fiduciaries” under the Digital Personal Data Protection (DPDP) Act, so the law’s obligations do not apply to them. The statement, reported by PTI, was meant to answer fears that the Act could be used against investigative reporting. It comes from unnamed officials, not from a notification, an amendment or a ministry order.
What Publishers Still Want in Writing
The sources described the definition of a data fiduciary as “clear” and “proper”. They said it covers entities such as banks, insurance companies, telecom operators and e-commerce platforms that collect and process personal data. Under the Act, such entities must take consent, give notice, secure the data, report breaches and erase data once its purpose is served.
Publishers argue that the Act has no explicit exemption for journalism. They say that could complicate public-interest reporting, especially investigations that use personal data collected without consent, and could affect how long reporting material is kept and how confidential sources are protected. Asked whether the government would amend the law to protect journalistic activity, a source said it was “very open-minded” and would take whatever action was needed. The report does not say an amendment is planned.
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Vaishnaw’s Earlier Assurance and the Court Case
Last month, IT Minister Ashwini Vaishnaw rejected the view that the Act could constrain investigative journalism, saying the Constitution’s guarantee of press freedom remains paramount. He invited editors and media professionals to take their concerns to the government.
The issue is already before the courts. IPB News reported earlier that the Supreme Court sought the Centre’s reply on a plea by news publishers. Other Supreme Court coverage is collected on the Supreme Court tag page.
No Date Yet for a Written Clarification
An anonymous briefing does not bind the government or protect a journalist in a dispute over personal data. No date has been given for a formal clarification, a rule change or an amendment. The Centre’s reply in the Supreme Court is the next place where its position could be put on record.
Source: Based on reporting by Daily Excelsior (PTI). Also reported by Deccan Herald and The Shillong Times.
Image: Wikimedia Commons.
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