Media Groups Challenge India’s Privacy Law in Supreme Court
Companies argue that mandatory prior consent for reporting threatens investigative journalism and source confidentiality.
Regulation Editor: Fabricio Marcilio 1 min read
A group of 21 news publishers has filed a lawsuit in the Supreme Court of India against the country's new privacy law. The companies claim the legislation imposes prior restraint by requiring journalists to obtain consent from the subjects of their reports before publication.
The Digital News Publishers Association represents major media outlets and argues that the rule makes investigative work impossible. The legal text allows those under investigation to destroy evidence or intimidate witnesses if they are notified in advance about the journalistic inquiry.
Publishers highlight the absence of a specific exemption for the press in the Indian law. The current model differs from legislation adopted in the European Union and the United Kingdom. The lack of clear protection raises concerns about the continuity of digital newsroom operations in the country.
Beyond the consent requirement, the law authorizes the government to block information in the name of public interest. The text also allows individuals to request the deletion of their data at any time. This would force the removal or editing of reports based on factual events without safeguards for the collective interest.
The Indian government will have the power to impose fines for non-compliance and demand data from organizations. The centralized regulatory structure creates legal uncertainty for media conglomerates. The high court ruling will define the boundaries between personal data protection and freedom of the press.
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