New data law, a barrier to journalistic free speech

Context

The Digital Personal Data Protection (DPDP) Act, 2023, introduced in India, raises concerns about its impact on journalistic free speech, particularly regarding the use of personal data for journalistic activities.

Implications for Journalistic Free Speech:

• Removal of Exemption: Unlike previous drafts, the final DPDP Act does not exempt journalistic activities from privacy obligations, requiring journalists to obtain consent before using personal data for stories involving public figures like politicians.
• Constraints on Investigative Reporting: Journalists relying on private data for investigative reporting may face hurdles in accessing and using such information, impacting their ability to hold public figures accountable.
• Government Authority and Confidentiality: The Act grants the government the power to request information from data processors, potentially compromising the confidentiality of journalistic sources and research materials.

Need for Transparent Consultation:

• Lack of Transparency: The absence of public disclosure regarding the removal of exemptions for journalistic activities from subsequent drafts of the DPDP Act highlights the need for a more transparent consultation process.
• Limited Public Engagement: While the government conducted town halls and consultations on the drafts, crucial issues like journalistic exemptions were not adequately discussed, hindering meaningful public engagement.
• Call for Clarity: There is a demand for the government to clarify the reasons behind the removal of exemptions and to engage in open debate and deliberation to address concerns regarding the impact of the DPDP Act on journalistic free speech.

Ensuring Journalistic Free Speech:

• Government Intervention: The government has the authority to provide exemptions under the DPDP Act, which could be utilized to safeguard journalistic entities from undue obligations, ensuring the Act does not curtail journalistic free speech.
• Incorporating Exemptions: While exemptions for journalistic activities should ideally be included in the core text of the law, immediate action through rules under the Act can mitigate the negative impact on journalistic free speech.
• Empowering Journalistic Entities: Exempting journalistic entities, including citizen journalists, from privacy obligations under the DPDP Act would uphold the principles of free speech and press freedom in India.