The SAARC Journalist Forum has raised serious concerns over the implications of India’s Digital Personal Data Protection Act, 2023,
SAARC Journalist Forum,India (South Asia)
The SAARC Journalist Forum has raised serious concerns over the implications of India’s Digital Personal Data Protection Act, 2023, warning that the present legal framework may significantly impact investigative journalism, transparency mechanisms, and the functioning of democratic accountability.
The Forum noted that the recent changes linked to the data protection regime have altered the operational scope of the Right to Information framework by restricting access to personal data, even in situations where such information is essential to establish larger public interest. This shift, according to the Forum, directly affects the ability of journalists to investigate corruption, examine public expenditure, and verify administrative actions.
Referring to ongoing legal developments, the Forum observed that the constitutional validity of certain provisions of the Act has already been challenged before the Supreme Court of India, where petitioners have raised concerns regarding the removal of the public interest test and its impact on transparency laws. The matter is expected to examine the balance between Article 21 (Right to Privacy) and Article 19(1)(a) (Freedom of Speech and Expression), both of which form the core of India’s constitutional framework.
The Forum further stated that the absence of a clearly defined public interest exemption and the lack of explicit safeguards for journalistic activities create legal ambiguity. In practical terms, this could make routine investigative processes—such as accessing records related to beneficiaries, officials, or public contracts—legally vulnerable or procedurally restricted.
It also highlighted concerns over the provision of substantial financial penalties under the Act. The possibility of high-value fines may lead to a chilling effect, particularly on independent media organisations and smaller investigative platforms, potentially discouraging critical reporting in matters of governance and public accountability.
While acknowledging the importance of a strong data protection law in safeguarding citizens’ privacy in a digital ecosystem, the Forum emphasised that such legislation must not override the principles of transparency and public interest. It stated that privacy and accountability must operate in balance, not in conflict.
The SAARC Journalist Forum has urged the Government of India to undertake a structured review of the law and incorporate necessary safeguards, including restoration of a clear public interest framework, explicit protections for journalistic work, and procedural clarity to prevent misuse of data protection provisions in denying legitimate information access.
The Forum also called for broader institutional consultation involving media bodies, legal experts, and civil society organisations across South Asia to ensure that evolving data protection frameworks strengthen, rather than weaken, democratic systems.The Forum reiterated that a free and informed press remains essential to democratic governance, and any regulatory framework must preserve its ability to function independently in the public interest.
Issued by:
Joint statement
SAARC Journalist Forum,India Chapter,Maharshtra Chapter