• UGI USER
  • Apr 16, 2024
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THE IMPACT OF INDIA’S NEW DATA LAW ON JOURNALISTIC FREEDOM

Syllabus:

  • GS 2: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Focus:

  • India implemented the Digital Personal Data Protection (DPDP) Act, 2023, marking a significant step in data privacy.
Source: Cookiefirs

In August 2023, India implemented the Digital Personal Data Protection (DPDP) Act, 2023, marking a significant step in data privacy. While intended to safeguard personal data through consent and rights to data erasure, this new legislation raises concerns for the realm of journalistic freedom. The withdrawal of exemptions for journalistic activities under the DPDP Act presents potential barriers to free speech and investigative journalism.

Introduction of the Digital Personal Data Protection (DPDP) Act, 2023

  • Introduction Date: India enacted its first comprehensive data protection law, the DPDP Act, in August 2023.
  • Implementation Timeline: The government plans to fully operationalize the law with specific rules post-general election.
  • User Consent Requirement: Central to the law is the requirement for users’ consent to process their personal data.
  • Rights and Obligations: The act ensures basic rights such as data access and erasure and mandates obligations for companies.
  • Complaints Mechanism: It establishes a body to address grievances related to data processing.
Key Features

  • Applicability:
    • Applies to processing digital personal data within India.
    • Extends to processing personal data outside India if related to offering goods/services or profiling individuals in India.
  • Consent:
    • Personal data processing allowed only with individual’s lawful consent.
    • Consent notice required, detailing data collection purpose.
    • Withdrawal of consent permitted anytime.
    • Legal guardian’s consent required for individuals below 18 years.
  • Rights and Duties of Data Principal:
    • Data principal entitled to:
      • Information about processing.
      • Correction and erasure of personal data.
      • Nominate another for rights exercise in case of death/incapacity.
  • Transfer of Personal Data outside India:
    • Central government to specify countries for data fiduciary transfers.
    • Transfers subject to prescribed terms and conditions.
  • Exemptions:
    • Certain exemptions for data principal rights and fiduciary obligations in specified cases like:
      • Offence prevention and investigation.
      • Legal rights enforcement.
    • Central government may exempt certain activities like:
      • Government entity processing for state security.
      • Research, archiving, or statistical purposes.
  • Data Protection Board of India:
    • Establishment by central government.
    • Functions include:
      • Compliance monitoring and penalties imposition.
      • Directing fiduciaries on breach measures.
      • Addressing grievances.
  • Penalties:
    • Scheduled penalties for offenses, e.g., up to Rs 200 crore for child obligations non-fulfillment.
    • Up to Rs 250 crore for failure to implement security measures against breaches.

Journalistic Exemption Withdrawn

  • Previous Drafts: Early drafts of the DPDP Act exempted journalistic activities from certain privacy obligations.
  • Final Law Changes: The final version of the law removed these exemptions, requiring journalists to obtain consent before using personal data.
  • Editors Guild of India’s Concern: The Editors Guild highlighted risks to free journalism and requested reinstatement of the exemption.
  • Impact on Journalism: Without exemptions, journalists may struggle to publish stories without subjects’ consent, affecting investigative reporting.
  • Potential for Censorship: Subjects of journalistic stories could use their right to erasure to remove published content.

Government’s Oversight and Powers

  • Information Requests: The law empowers the government to demand information from any data processor in India.
  • Source Confidentiality at Risk: Such powers could jeopardize the confidentiality of journalistic sources and documents.
  • Public Consultation Issues: Despite multiple drafts, feedback from public consultations was not publicly shared, limiting transparency.
  • Lack of Clarity on Exemptions: No clear reasons were given for the withdrawal of journalistic exemptions in later drafts.
  • Inadequate Town Hall Discussions: Government-led discussions did not address the concerns regarding the withdrawal of exemptions.

Proposed Solutions and Future Directions

  • Transparent Consultation Process: Advocating for an open and transparent public consultation process to refine the law.
  • Government Remedial Power: Under the DPDP Act, the government has the authority to exempt any data processor from the law’s provisions swiftly.
  • Immediate Exemptions Needed: It’s crucial for the government to use its powers to exempt journalistic activities to safeguard free speech.
  • Inclusion in Core Law Text: Ideally, exemptions for journalism should be explicitly included in the main text of the DPDP Act.
  • Support for Citizen Journalism: The government should also consider exemptions for citizen journalists to promote a free and open press.

Conclusion

The DPDP Act, while a pivotal advancement in data protection, inadvertently poses challenges to journalistic practices by limiting access to and use of personal information necessary for public-interest reporting. To preserve the essence of a free press, it is imperative for the government to reconsider and reintegrate exemptions for journalistic activities within the law. Only through such measures can the Act truly balance individual privacy with the societal need for transparency and accountability.

Freedom of Speech

  • Constitutional Foundation: Freedom of speech and expression is guaranteed under Article 19(1)(a) of the Indian Constitution, allowing citizens to freely express their thoughts and ideas.
  • Reasonable Restrictions: This freedom is not absolute; Article 19(2) permits the government to impose reasonable restrictions on grounds of sovereignty and integrity of India, the security of the state, friendly relations with foreign states, public order, decency, morality, or in relation to contempt of court, defamation, or incitement to an offense.
  • Digital Media and Internet: The rise of digital media and the internet has expanded the platforms for free speech but also raised challenges such as misinformation, hate speech, and privacy concerns.
  • Censorship and Regulation: India has faced criticism for censorship and regulatory measures that potentially restrict free speech, including internet shutdowns and the regulation of content on social media platforms.
  • Legal Battles and Activism: Various legal battles have shaped the contours of free speech in India, including landmark Supreme Court judgments that have sometimes expanded and other times restricted freedom of expression based on broader social and political contexts.

Source:The Hindu

Mains Practice Question:

Examine the impact of the Digital Personal Data Protection (DPDP) Act, 2023, on journalistic freedom in India. Discuss the implications of withdrawing exemptions for journalistic activities and suggest measures to balance data protection with the freedom of the press. (250 words)

Associated Articles:

https://universalinstitutions.com/freedom-of-speech-would-mean-very-little-if-it-were-not-able-to-respond-to-political-social-and-technological-changes-discuss/