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Supreme Court notice on the DPDP Act: what the news publishers’ challenge says
On 27 October 2026 the Supreme Court issued notice on a petition by the Digital News Publishers Association challenging the DPDP Act and Rules. The law has not been stayed, and the next listing is 17 November 2026.
In brief: On 27 October 2026 the Supreme Court issued notice to the Central Government on a petition by the Digital News Publishers Association (DNPA). The petition challenges the DPDP Act, 2023 and the DPDP Rules, 2025, mainly because the law has no exemption for journalism. As reported, the Court did not stay the law before hearing the Centre, and the matter is listed again on 17 November 2026. Nothing changes for businesses yet: the main duties still start on 13 May 2027.
What did the Supreme Court do on 27 October 2026?
The Court issued notice on the DNPA petition, which means the Centre, through the Ministry of Electronics and Information Technology and the Law Ministry, has been asked to respond. Senior Advocate Madhavi Divan appeared for the publishers and pressed for an interim stay. Reports say the Court declined to stay the law without first hearing the Centre. The matter is listed for further hearing on 17 November 2026, along with other pending matters. We have not seen the Court’s written order, so this item relies on consistent reports from several news outlets.
| The challenge at a glance | What was reported |
|---|---|
| Petitioner | Digital News Publishers Association, which represents 21 digital news publishers |
| What is challenged | The DPDP Act, 2023 and the DPDP Rules, 2025 |
| Main complaint | No express exemption for journalism |
| Court step | Notice issued to the Centre on 27 October 2026; no interim stay before the Centre is heard |
| Next date | 17 November 2026 |
| Government position in public | A Union minister said the Act safeguards media freedom (reported 28 October 2026) |
Who is challenging the DPDP Act, and why?
The petitioners argue that a newsroom is treated like any other organisation that handles personal data. As reported, they raise three points:
- No journalism exemption. Earlier drafts of India’s data protection law, from 2018, 2019 and 2021, included an exemption for journalism. The final Act does not.
- Notice, consent, withdrawal and erasure. The petition says journalists could first have to ask the subjects of an investigation for consent, and could later face erasure demands over personal data that a published story depends on. Counsel for the publishers told the Court that newsrooms could shut down if that were required.
- Power to call for information. Section 36, read with Rule 23, lets the Central Government ask data fiduciaries and intermediaries for information. The petition says this lacks safeguards such as court oversight or notice to the person concerned, which it says could put journalistic sources at risk.
These are the petitioners’ arguments. The Court has not ruled on them.
What does the DPDP Act say about journalism today?
The Act lists specific exemptions in Section 17. Journalism is not one of them. Whether that is a gap or a deliberate choice is the question now before the Court. Two points on timing:
- The contested duties have not started. Under commencement notification G.S.R. 843(E), Sections 3 to 17 (which include notice, consent, withdrawal and erasure) and Section 36 begin on 13 May 2027. Rule 23, which supports Section 36, begins on the same date.
- Other challenges are separate. Section 44(3), which amended the RTI Act, has been in force since 13 November 2025 and is the subject of other petitions.
What has the government said?
Union Minister Ashwini Vaishnaw was reported on 28 October 2026 as saying that the DPDP Act safeguards media freedom. We have not seen the Centre’s formal reply in court.
Has the DPDP Act been stayed, and what changes for businesses?
As reported, the Act and Rules have not been stayed. The Court also issued notice on earlier petitions in 2026, and the law has remained in place. For most organisations nothing changes today:
- Dates stand. Consent Manager registration opens on 13 November 2026 and the main duties begin on 13 May 2027.
- Keep preparing. Data mapping, notices and breach processes stay sensible whatever happens in court. See our compliance timeline.
- News and media organisations: follow the 17 November hearing and take legal advice on how the duties apply to your reporting.
What happens next?
The Centre is expected to respond, and the matter returns on 17 November 2026. Court dates can change, and we cannot predict the outcome. We will update this page when the position changes.
Frequently asked questions
Has the Supreme Court stayed the DPDP Act?
Not as reported. On 27 October 2026 the Court issued notice to the Centre on the DNPA petition and declined to grant an interim stay before hearing the Centre.
Does the DPDP Act exempt journalism?
No. The Act has no express exemption for journalism. The DNPA petition argues this is a defect. The Court has not decided that point.
When is the next hearing?
It is reported as 17 November 2026, along with other pending matters. Court dates can change, so check the Supreme Court cause list.
Does this change the DPDP compliance deadline?
No. The main duties are still due from 13 May 2027 under G.S.R. 843(E), and Consent Manager registration opens on 13 November 2026.
What is the DNPA?
The Digital News Publishers Association represents 21 digital news publishers, as reported.
Sources
- Commencement notification G.S.R. 843(E), 13 November 2025 (Gazette of India)
- Bar and Bench
- Siasat
- exchange4media
- Telangana Today (PTI)
- Telangana Today (IANS)
This is general information, not legal advice. It is based on news reports of a pending case, not on the Court’s order. Speak to your counsel before acting on it.