A group of 21 Indian news publishers has challenged Prime Minister Narendra Modi’s government in the Supreme Court over a privacy law they say could undermine investigative journalism, expose confidential sources and restrict the publication of news reports.
The legal challenge, filed on 6 October and due to be heard on Tuesday, is the most prominent court challenge yet to the legislation by major media organisations. The publishers are seeking to have most of its contentious provisions, scheduled to take effect from May 2027, struck down, arguing that the law fails to provide adequate safeguards for press freedom.
The Digital News Publishers Association (DNPA), which represents the media groups, said in a confidential filing reviewed by Reuters that assurances given by the government during an August meeting were insufficient without a written exemption for journalists. It cited protections for the press in the European Union, Singapore and Britain as examples of safeguards absent from India’s legislation.
The law was introduced to protect users’ digital personal data and imposes compliance requirements on platforms such as Meta and Google. The publishers argue that its provisions also apply to news organisations, creating potential conflicts between personal data protection and the public interest in investigative reporting.
The 698-page filing said the legislation would “render investigative journalism a benign and neutered recorder of events”. It described the disputed provisions as “pre-censorship which is anathema to any democracy worth its name”.
The DNPA’s membership includes Network18, owned by Ambani, which operates seven digital news platforms; NDTV, owned by Adani; the Indian Express; and Times Internet, part of the Times of India group. The challenge represents an unusual confrontation between the government and businesses whose owners have faced allegations from opposition parties that they enjoy favourable treatment because of their links to Modi. Both the businesses and the government vehemently deny those allegations.
A central objection concerns the law’s consent requirements. While digital platforms and online retailers can seek consent from users when they sign up for services, the publishers argue that applying the same principle to journalism could require reporters to notify people they intend to investigate and obtain their permission.
Such a requirement, the DNPA said, could allow investigation targets to destroy evidence or intimidate witnesses before a report is published. The association also objects to provisions allowing individuals to withdraw consent and demand the erasure of their data without a specific public-interest safeguard. Publishers fear this could compel them to remove factual reports or substantially redact their contents.
The filing also raises concerns about the powers granted to a federal authority to impose fines for non-compliance and the government’s ability to block access to information in the “interests of the general public”. According to the DNPA, those powers could restrict reporting and expose journalists to pressure over the material they publish.
In an August letter attached to the lawsuit, the association said India “has chosen to grant broad exemptions to the state, while failing to extend any corresponding protection to the press”. The filing said the government had not provided a response to the letter.
From next year, the legislation will also allow the government to require any organisation handling personal data to “furnish such information as it may call for”, the publishers said. They fear this could force newsrooms to disclose confidential sources and deter whistleblowers from providing information about corruption, corporate wrongdoing or electoral malpractice.
The DNPA described the provision as “nakedly unguided” and argued that it could extend to privileged communications held by reporters or their informants.
The lawsuit comes amid wider concerns about press freedom in India since Modi took office in 2014. India fell to 157th among 180 countries in this year’s Reporters Without Borders World Press Freedom Index, from 140th in 2014. The government rejects the rankings, saying India has a “vibrant press and media ecosystem” comprising hundreds of newspapers and television channels and does not need validation from foreign organisations.
The DNPA, the media groups and India’s information technology ministry did not respond to requests for comment from Reuters.
