New data law- A barrier to journalistic free speech

Source-This post on New data law- A barrier to journalistic free speech has been created based on the article “New data law, a barrier to journalistic free speech” published in “The Hindu” on 16 April 2024.

UPSC Syllabus-GS Paper-2-Indian polity—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure.

Context– Three previous drafts of the Digital Personal Data Protection (DPDP) Act had exemptions for journalistic activities. However, the final law has withdrawn such an exemption.

In general, data protection laws don’t require journalists to inform users or get their consent before using their personal data.

What are some important provisions of Digital Personal Data Protection (DPDP) Act?

1) It is required to obtain users consent before the processing of their personal data.

2) It provides basic rights such as access to and erasure of data. It also places some obligations on companies,

3) The act mandates the establishment of a complaints body for grievance redressal.

Read more- Digital Personal Data Protection Bill, 2023

What are the issues with the removal of ‘journalistic exemption’ in Digital Personal Data Protection (DPDP) Act?

1) Accountability of elected representatives-Journalists will find it extremely difficult to extract accountability of MPs and MLAs by exposing their scams or illicit sources of wealth.
This is because as per DPDP act, personal data of MP is protected and if a journalist wants to use this data, they need to ask for permission of MP before publishing it.It is highly unlikely that any MP will give such permission.

2) Threat to confidentiality-Journalists must maintain confidentiality of their sources and research documents to ensure the safety of their sources.However,The DPDP Act empowers the government to obtain information from any data processor in India.
This may impact the confidentiality of sources of journalists. It may impede a journalist’s ability to discharge their role as the fourth estate, that is, holding the state accountable.

3) Lack of transparency– The government has not made any comments on the draft’s public. This makes it hard for citizens to know what various groups said and whose voices were considered in shaping the final law that led to removal of journalistic exemption.

What should be the way forward?

1) There is a need to enable an open and transparent consultation process.

2) The Act empowers the central government to exempt any data processor or groups of data processors from parts of the law. This gives the government broad authority to grant or withdraw exemptions on its own. Thus, the government should allow Indian journalistic exemptions under this law.

Question for practice

How can the removal of ‘journalistic exemption’ in Digital Personal Data Protection (DPDP) Act endanger journalistic free speech?