In an age where the right to privacy and freedom of speech are frequently at odds, the omission of a journalistic exemption in India’s Digital Personal Data Protection Act, 2023, (‘DPDPA’ or ‘the Act’) creates a critical gap in reconciling these fundamental rights. While global data protection frameworks recognise the need for journalistic exemptions to balance privacy with public interest, the DPDPA departs from this norm, raising concerns about its potential impact on both professional and citizen-led journalism. This article examines how the DPDPA constrains journalistic freedom through its stringent consent requirements and data-use limitations, compounded by potential governmental overreach. Drawing on constitutional principles under Article 19(1)(a), it argues that the absence of a journalistic exemption undermines both journalists’ rights and the public’s access to essential information. To address this, the article proposes a recommended draft provision for a journalistic exemption that aligns with global best practices and seeks to find the appropriate balance between considerations of data protection, public interest and journalistic freedom.
