India’s Supreme Court has asked the federal government to respond to a news publishers’ challenge over whether digital privacy rules could interfere with journalism.
At an October 27 hearing, counsel for the Digital News Publishers Association argued that the legislation and accompanying rules could obstruct investigative reporting and affect press freedom. The association represents the digital operations of major Indian news organizations.
The Court issued notice to the government and scheduled further consideration. It did not decide the merits of the challenge.
What changed since the filing?
The Legal Circle previously covered the challenge after Reuters reported on the October 6 filing. The new development is the hearing itself: the publishers’ lawyer presented arguments to the Court, and the Court sought a government response.
The publishers contend that applying consent requirements to journalistic work could make it difficult to investigate a subject who does not agree to the use of their information. They also raise concerns about information demands that could affect confidential sources.
Those are the publishers’ legal arguments. The Court has not ruled that the law has those effects.
The competing interests
The case puts two important interests before the Court: individuals’ privacy and the press’s ability to investigate matters of public concern.
A privacy regime may give people rights over information about them. Journalism, meanwhile, can depend on gathering and publishing information without the subject’s permission. How a statute handles that tension depends on its text, exceptions and interpretation.
Indian reporting says the matter has been listed for further hearing on November 17, alongside related cases. Court schedules can change.
For Canadian privacy and media lawyers, the eventual decision may offer a useful comparison on consent, source protection and public-interest reporting - while remaining a decision under Indian law.
Sources: Reuters hearing report · Reuters report on the original filing · Indian Express report on the hearing
Related coverage: Indian Publishers Challenge Privacy Law Over Investigative Journalism and Source Protection.