The News Broadcasters & Digital Association (NBDA) has asked Union Minister for Electronics and Information Technology Ashwini Vaishnaw to provide an express statutory exemption for journalism under the Digital Personal Data Protection Act, 2023. In a letter dated 4 November 2026, the association said the Government’s assurance that the law would not restrict journalistic freedom should be reflected in the legal framework before the Act’s substantive obligations take effect.
NBDA said it supports the protection of personal data and accepts that responsible journalism must respect privacy. Its concern is that the Act does not specifically address how journalists collect, verify, retain and publish information when reporting matters of public interest. The association has therefore asked the Ministry of Electronics and Information Technology (MeitY) to recognise the distinct conditions under which public-interest reporting is carried out.
Why consent could create problems for investigations
According to NBDA, requiring consent from a person who is the subject of an investigation could alert that individual to the reporting process. Consent could be refused, while a later withdrawal of consent or an erasure request could be used to seek the removal of an accurate report or the records supporting it.
The association also raised concerns about information-gathering powers under the data-protection framework. Requests for information could, it said, identify confidential sources or expose investigations that have not yet been published. NBDA warned that the framework could be used to place pressure on journalists and newsrooms, and described the penalties under the DPDP Act as “extremely harsh, burdensome”.
- Consent requirements could reveal an investigation before publication.
- Withdrawal or erasure requests could be used to challenge accurate reports and related records.
- Information requests could expose confidential sources or unpublished investigations.
- NBDA says the existing exclusions and legitimate-use provisions do not provide a general basis for public-interest journalism.
Association seeks amendment or interim clarity
NBDA said the Act’s existing exclusions and legitimate uses are limited and do not amount to a general exemption for journalistic activity. It contrasted the legislation with the recommendations of the Justice B.N. Srikrishna Committee Report and with comparable data-protection frameworks, including Article 85 of the European Union’s General Data Protection Regulation, which provides for exemptions linked to journalistic activities and purposes.
Pending a legislative amendment, the association has sought written clarification from the Government on its position and on any interim protection that can lawfully operate under the existing Act. It has also requested a meeting with the Minister and MeitY officials, along with inclusion in any proposed discussions on the issue.
For news organisations, the dispute centres on how privacy rights and public-interest reporting will operate together once the DPDP Act’s substantive obligations apply. A specific statutory exemption could set out how journalistic processing of personal data is treated, while the absence of such an exemption may leave newsrooms to assess consent, erasure and information requests within the Act’s existing provisions. The letter does not itself amend the law or create an exemption; any such protection would require action by the Government through the applicable legal process.
