Indian Media Giants Sue Government Over Privacy Law, Citing 'Pre-Censorship' Fears

A coalition of 21 Indian news publishers, including media companies owned by billionaires Mukesh Ambani and Gautam Adani, has challenged a new government privacy law at the Supreme Court. They argue that the law, which mandates journalists to obtain consent from individuals before publishing stories about them, constitutes "pre-censorship" and could force newsrooms to close.

The publishers contend that the law would undermine investigative journalism and potentially expose the sources journalists rely on. Madhavi Goradia Divan, representing the Digital News Publishers Association (DNPA), stated in court that the law fundamentally alters the nature of news reporting, warning of a "complete regime of pre-censorship" if news organizations must seek permission for every story.

The Supreme Court has scheduled the case for hearing next month. Media companies had previously received assurances from the government in August that the law would safeguard press freedom. However, the absence of a written exemption for journalists, similar to those in the European Union, Singapore, and Britain, has raised alarms, according to a filing by the news publishers earlier this month.

Among the DNPA's members are Ambani's Network18, Adani's NDTV, and other prominent groups like The Indian Express and Times Internet. A primary concern highlighted in the filing is the consent requirement. While online platforms can obtain user consent during sign-up, the DNPA argues that requiring journalists to notify and seek consent from subjects of investigations could lead to the destruction of evidence and intimidation of witnesses.

Furthermore, the law permits individuals to withdraw consent and demand data erasure without public-interest considerations, potentially forcing publishers to unpublish or heavily edit factual reports. The publishers are also worried about a federal authority established under the law that can impose fines and grant powers to New Delhi to block information in the "interests of the general public," thereby curtailing press freedom.

Starting next year, the law will also empower New Delhi to compel any organization handling personal data to provide information, putting newsrooms at risk of divulging their sources. The DNPA argues this could deter whistleblowers from reporting on corruption, corporate misconduct, or electoral malpractice, and has called for the "nakedly unguided" provision to be quashed, as it could extend to privileged communications between reporters and their informants.