SUPREME COURT PUTS INDIA’S PRIVACY LAW UNDER SCRUTINY AS NEWSROOMS WARN OF A CHILLING EFFECT ON JOURNALISM

October 27, 2026

NEW DELHI, October 27, 2026: The Supreme Court on Tuesday sought the Centre’s response to a petition challenging provisions of the Digital Personal Data Protection (DPDP) Act and its associated rules, which a group of news publishers alleges could undermine press freedom, investigative journalism and the public’s right to information.

A three-judge bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana issued notice after hearing senior advocate Madhavi Divan, representing the Digital News Publishers Association (DNPA). The association has urged the court to consider an interim stay on the challenged provisions.

The petition, brought on behalf of 21 news publishers, argues that the law’s requirements concerning consent and personal data could make legitimate news reporting difficult. Journalists investigating alleged wrongdoing may face obstacles if they are required to seek permission from the very individuals whose activities are under scrutiny. Publishers also fear that provisions allowing personal data to be sought or deleted could threaten confidential sources and the preservation of public-interest reporting.

The challenge additionally targets an amendment to Section 8(1)(j) of the Right to Information Act, with the petition arguing that it could restrict access to information relevant to public scrutiny of public officials. During the hearing, Divan warned that the disputed provisions could seriously affect television journalism, time-sensitive reporting and the everyday functioning of newsrooms.

The case raises a significant question about how India can protect citizens’ digital privacy while safeguarding the media’s ability to investigate matters of public importance. The publishers contend that the legislation does not provide adequate protection for journalistic work, while the constitutional and legal questions surrounding the challenge remain for the courts to consider.

The Supreme Court has listed the matter for further hearing on November 17, 2026, alongside pending cases. The Centre’s response and the court’s subsequent consideration will be important in determining how the contested provisions are examined.