The Supreme Court on Tuesday declined to grant interim relief against the operation of provisions of the Digital Personal Data Protection Act, 2023, and the Digital Personal Data Protection Rules, 2025, while issuing notice to the Centre on a challenge brought by the Digital News Publishers Association (DNPA) alleging that the data protection framework threatens press freedom.
A Bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, was hearing the association’s plea seeking judicial scrutiny of the impugned provisions. The Court refused to grant a stay at this stage, with the CJI observing that it would not pass an ex parte order without hearing the other side.
Senior Advocate Madhavi Divan, appearing for the DNPA, urged the Court to suspend the operation of the challenged provisions, arguing that their implementation could seriously impede the functioning of newsrooms. She questioned how journalists could report on individuals if they were required to obtain their consent before publishing information concerning them.
Divan submitted that the legislation could fundamentally alter the manner in which news is gathered and disseminated. She argued that making journalistic reporting contingent on the consent of the person whose information is being reported could undermine the ability of media organisations to carry out their work, particularly in the case of time-sensitive news.
The senior counsel also pointed out that journalists and media organisations are already subject to several regulatory frameworks, including the Cable Television Network framework, uplinking and downlinking regulations, the Information Technology Rules and the Press Council framework.
During the hearing, CJI Surya Kant observed that media organisations possessed the requisite expertise to suggest safeguards against potential misuse of personal data. He called upon the association to consider how the concerns surrounding the legislation could be addressed in consultation with the Union Government and the Court.
The proceedings form part of the wider debate over the interplay between the right to privacy and the constitutional guarantees of freedom of speech and expression and access to information.
The Supreme Court is already examining separate challenges to provisions of the DPDP Act, particularly the amendment to Section 8(1)(j) of the Right to Information Act, 2005. The amendment concerns the disclosure of personal information under the RTI framework and has been challenged on the ground that it could substantially restrict the availability of information in matters involving public interest.
The pending proceedings raise questions about whether the statutory framework strikes a constitutionally permissible balance between protecting personal data and preserving transparency in public administration.
The Court has previously considered whether the DPDP regime creates an overly broad restriction on the disclosure of digital personal information and whether the amendment to the RTI Act can be reconciled with the constitutional right to information under Article 19(1)(a).
The refusal to grant an interim stay does not amount to a final determination of the constitutional challenge. The Court will examine the issues further after considering the Centre’s response.
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