Threat to Journalism and Democracy: DPDP Act
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APRIL 2025
Digital Personal Data Protection Act - 2023 (DPDP) and its consequences is a critical issue that could reshape Indian democracy.
In 2023, the Indian government passed the Digital Personal Data Protection Act.
Although some concerns were raised at the time, they were largely drowned out by other pressing issues, including the violence in Manipur.
Now that the law has been enacted, the government is set to notify its implementation in April 2025, outlining rules and regulations that will determine its enforcement.
According to the government, this law aims to protect Indian citizens from data breaches, prevent the misuse of personal information, and uphold privacy rights.
It claims to safeguard the data of Indian citizens from being exploited by companies and foreign entities.
With the rise of social media and e-commerce platforms, companies collect and process vast amounts of user data—such as names, addresses, age, and preferences—to target consumers effectively.
Tech giants like Facebook, Google, and X (former Twitter), which store their servers outside India, hold vast amounts of Indian users' data.
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... Social media and e-commerce platforms, companies collect and process vast amounts of user data...
The government argues that this law is necessary to protect Indians from the risks posed by such data collection.
However, many in civil society suspect that the law has a hidden agenda.
A Blow to the Right to Information?
To understand why, we must look back at the Right to Information (RTI) Act, introduced in 2005.
The RTI Act empowered Indian citizens with the fundamental right to question authorities, demand transparency, and hold those in power accountable.
Over the years, it has played a crucial role in exposing corruption and ensuring accountability, irrespective of which government was in power.
Perhaps for this very reason, in 2019, the current government weakened the RTI Act by curbing the tenure security of Chief Information Commissioners.
Previously, these officials had a fixed tenure of five years or until the age of 65, with salaries equivalent to those of Election Commissioners of India.
The new amendment placed their tenure at the discretion of the central government, effectively making them beholden to it.
Justice B.N. Srikrishna and other legal experts have raised concerns over this move, arguing that it undermines the independence of information commissioners.
Furthering this dilution, the government amended Section 8(1)(j) of the RTI Act.
Previously, this provision allowed the disclosure of names if the information was of public interest and relevance.
This section was instrumental in exposing corruption scandals, such as the opacity surrounding electoral bonds and massive bank loan write-offs favouring the wealthy.
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Furthering this dilution, the government amended Section 8(1)(j) of the RTI Act
Investigative journalists used RTI to uncover the names of individuals and corporations engaged in crony capitalism and favouritism.
Such transparency brought accountability to the government and exposed conflicts of interest.
But these revelations have also embarrassed those in power.
Now, under the guise of data protection and privacy, new legal restrictions could make it much harder to name companies and individuals involved in wrongdoing.
Targeting Journalists, Researchers, and Activists?
Under the new law, journalists, university researchers, civil society organizations—including resident welfare associations and political parties—will be classified as fiduciaries, making them responsible for data ownership.
They will need explicit consent from individuals or entities before collecting and publishing data.
Failure to comply could result in fines of up to ₹250 crore ($29 million), with penalties potentially rising to ₹500 crore ($58 million).
Although the government claims the law aims to protect Indians’ data, large tech companies will remain largely unaffected.
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Who, then, is truly at risk under this law?
These corporations already obtain consent when users sign up for services like Facebook, Google, and WhatsApp.
Since users must accept these terms to access the platforms, they have little real choice but to consent.
Consequently, these multinational giants are shielded from the law’s restrictions.
This raises an important question:
Who, then, is truly at risk under this law?
Is it being used to target RTI activists, transparency advocates, and investigative journalists?
The Data Protection Act appears to pose a significant threat to those seeking to hold the government accountable.
Some argue that the law has been weaponized to intimidate and suppress dissent.
The Threat to Democracy
RTI was created to fight corruption and prevent the abuse of power.
However, with the dilution of RTI and the introduction of the Data Protection Act, the ability to expose wrongdoing is severely compromised.
For example, if the disclosure of electoral bond transactions had not revealed the names of donors and beneficiaries, Indian democracy would have suffered from a lack of transparency.
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In recent elections in Maharashtra and Delhi, concerns were raised about voter list manipulation
Similarly, if banks had been allowed to conceal the identities of defaulters who fled the country after taking massive loans, the public would never have known how much taxpayer money had been lost.
At the grassroots level, millions of RTI applications relate to essential public services like ration cards, pensions, scholarships, and voter rolls.
In recent elections in Maharashtra and Delhi, concerns were raised about voter list manipulation.
Under the new law, investigating such discrepancies could become nearly impossible, further weakening Indian democracy.
If political parties cannot analyze voter lists due to privacy restrictions, how can electoral fraud be uncovered and prevented?
A Regulatory Body with Sweeping Powers
Under this law, a government-appointed regulatory body will decide who falls under the purview of data protection.
This means the governing board will have the authority to selectively permit or prohibit the collection, processing, and publication of data.
In a democracy, the people hold the government accountable through fundamental rights like RTI and freedom of expression.
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The Supreme Court once described the Central Bureau of Investigation (CBI) as a "caged parrot"...
However, with this new law, the government will hold individuals accountable for accessing and sharing information while restricting their ability to express it.
This is not the first time a government agency has been accused of losing its autonomy.
The Supreme Court once described the Central Bureau of Investigation (CBI) as a "caged parrot," and similar concerns have been raised about the Enforcement Directorate (ED).
The Road to a Surveillance State?
So, what is the true intent behind this legislation?
From the evidence, it appears that the government is not only shielding wrongdoers but also instilling fear through disproportionately high fines—up to ₹500 crore—administered by a regulatory body with unchecked discretion.
This law marks the beginning of a surveillance state, where two constitutional rights—the Right to Information and the Right to Freedom of Expression—are being systematically undermined.
If this act is implemented unilaterally, India risks straying from its democratic ideals.
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This law marks the beginning of a surveillance state, where two constitutional rights are being systematically undermined
As the saying goes, "They all take the tram of democracy only to reach the destination of dictatorship." Let us ensure that this does not become India's reality.
A Call for Reform
To safeguard democratic transparency, the government must engage with civil society organizations, opposition parties, intellectuals, and the Joint Parliamentary Committee (JPC) to ensure a fair and balanced implementation of the law.
As a cautionary tale, one might revisit George Orwell’s 1984, which illustrates how governments can tighten their grip on citizens by controlling access to information.
India must tread carefully, lest it lose sight of its democratic principles.
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