One of the major concerns highlighted in the letter is the requirement for journalists to seek permissions from entities they may be investigating before accessing certain data, which could range from financial frauds to political interference
The Editors Guild of India has raised concerns about the potential impact of the recently enacted Digital Personal Data Protection Act, 2023 (DPDPA) on journalistic activities in the country. In a letter addressed to the Ministry of Electronics and Information Technology, the Guild expressed worries that certain provisions of the Act could pose challenges to investigative journalism and jeopardise the safety of journalists, while also potentially limiting press freedom.
The seven pages letter, outlined the Guild’s apprehensions regarding the Data Protection Act, which was passed by Parliament in August the previous year and is expected to come into effect sometime this year pending an announcement from the government. Describing a free press as a fundamental pillar of democracy, the letter emphasised that while the DPDPA is a commendable initiative aimed at safeguarding individuals’ personal data, its indiscriminate application to journalistic activities could stifle journalism in the country.Referring to a free press as the fourth pillar of democracy, the letter reads, “The DPDPA, while a laudable initiative towards protecting the personal data of individuals, if applied indiscriminately to the processing of personal data in a journalistic context, will bring journalism in the country to a standstill. This will have a long-standing impact on the freedom of the press, and the dissemination of information not just in reporting in print, TV, and the internet, but also the mere issuance of press releases by all parties including political parties.”
One of the major concerns highlighted in the letter is the requirement for journalists to seek permissions from entities they may be investigating before accessing certain data, which could range from financial frauds to political interference. The Guild argued that this could severely hamper investigative journalism, as obtaining consent in such cases would be impractical and could lead to delays or hinder the publication of news reports.
The letter also urged for exemptions for journalists from certain parts of the bill, citing Section 17(5) of the DPDPA, which allows the government to declare exemptions for specific data fiduciaries. The Guild stressed that such exemptions would be necessary to prevent harassment of journalists and to avoid hindrances to journalistic activities, especially for independent journalists who may face financial and resource constraints in complying with data requests.
Overall, the Editors Guild of India’s letter to the Ministry of Electronics and Information Technology highlighted the importance of preserving press freedom and facilitating investigative journalism while also acknowledging the need to protect personal data under the Digital Personal Data Protection Act, 2023.
