Legal Basis

Journalistic Exemption

Defined in §17(2)(a), DPDPA 2023

Exemption from certain DPDPA provisions for processing personal data in the course of journalism or whistleblowing.

What does “Journalistic Exemption” mean?

Under DPDPA Section 17(2)(a), certain provisions of the Act may not apply to processing of personal data necessary for journalistic purposes or in connection with news and current affairs. This exemption recognises the constitutional right to freedom of press and expression. However, it is not absolute — the exemption covers only processing necessary for the journalistic purpose, and basic security safeguards still apply. The exact scope will be clarified by Government notification.

Why does this matter for your business?

If your platform hosts user-generated content, supports investigative journalism, or operates as a news aggregator, understanding the journalistic exemption boundaries helps you balance privacy compliance with editorial freedom.

Real example

A Bengaluru digital news platform publishes an investigative story naming a corporate fraudster. The individual demands erasure of their name under DPDPA. The platform can likely rely on the journalistic exemption to refuse the request, as the processing was necessary for a legitimate news purpose.

Common misconception

The journalistic exemption does not cover all content on a media platform. User comments, subscriber data, advertising profiles, and employee records remain fully subject to DPDPA regardless of the platform's journalistic nature.

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