The News Broadcasters & Digital Association (NBDA), which represents private television news, current affairs and digital broadcasters, has asked the central government to amend the Digital Personal Data Protection (DPDP) Act, 2023, to include an explicit exemption for journalistic purposes.
According to news media reports, in a letter to Electronics and IT Minister Ashwini Vaishnaw, it said the government’s assurance that press freedom will not be restricted must be backed by a legal provision before the Act’s substantive obligations come into force.
The association welcomed the assurance but said the law does not adequately account for how journalists gather, verify, retain and publish personal information in the public interest. While supporting personal data protection and responsible journalism that respects privacy, it argued that journalism needs separate safeguards. Reporting on wrongdoing often involves collecting information without the knowledge or consent of the people concerned.
The association’s NBDA’s main objection is the requirement to obtain consent before processing personal data. It said asking people under investigation for consent could alert them, let them withhold consent or destroy evidence, and expose confidential sources.
It also flagged the provisions on withdrawal of consent and erasure. These, it said, could be used to demand the removal of accurate news reports or records held by newsrooms, even when the information was published in the public interest.
The association warned that the government’s powers to seek information from organizations handling personal data could lead to requests that reveal confidential sources or unpublished investigations. It said the Act’s existing exclusions and “legitimate uses” are limited and offer no general basis for public-interest journalism.
NBDA also cautioned that the framework could be used to pressure journalists and newsrooms, describing the penalties under the law as extremely harsh and burdensome.
NBDA noted that the DPDP Act departs from the recommendations of the Justice B.N. Srikrishna Committee, which had proposed specific protections for journalistic activities. It also pointed to Article 85 of the European Union’s General Data Protection Regulation (GDPR). That article requires member states to reconcile data protection with freedom of expression and information, including through journalism exemptions where necessary.
Pending an amendment, NBDA has sought written clarification from the government on its position and on what interim protection, if any, can lawfully be provided under the existing Act. It has also requested a meeting with Vaishnaw and Ministry officials. It wants to be included in any consultations on the scope and drafting of the proposed exemption.
On 28 October, Vaishnaw said journalistic freedom is guaranteed by the Constitution and that the government has no intention of restricting it through the DPDP Act. He invited editors and media organizations to discuss their concerns and said the government was open to suggestions.
The DPDP Act was enacted in 2023, and its implementation rules were notified in November 2025. The framework is being rolled out in phases, with several major obligations on personal data processing due to take effect in May 2027.
DNPA’s Supreme Court challenge
NBDA’s demand follows a separate petition by the Digital News Publishers Association (DNPA), which represents the digital arms of 21 major news organizations. These include The Indian Express, The Hindu, India Today, the Times Group, Zee, NDTV and Network18.
The petition challenges the DPDP Act and the DPDP Rules, 2025, arguing that the absence of a journalism exemption threatens press freedom and the right to information under Article 19. It seeks to strike down nine provisions of the Act and three rules.
On October 27, a bench headed by Chief Justice Surya Kant issued notice to the Centre on the petition and on an application for an interim stay. It declined to grant an ex parte stay without hearing the government. The matter will next be heard on November 17, along with other pending challenges.
