SC questions Delhi HC's takedown order against Wikipedia in ANI defamation case
The legal battle began when ANI sued Wikipedia for defamation, alleging that certain users had edited its Wikipedia page to refer to the agency as a “propaganda tool” for the central government.
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The Supreme Court on Monday issued a notice to Asian News International (ANI) in response to Wikimedia Foundation's plea challenging a Delhi High Court order that directed Wikipedia to take down the page titled "Asian News International vs. Wikimedia Foundation."
A Bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan questioned the rationale behind the High Court’s decision, emphasizing the broader issue of media freedom.
The Court remarked that judicial proceedings are often subject to scrutiny and criticism, and courts should not seek to suppress critical observations merely because they are unfavourable.
"Ultimately, this is media. The question is about freedom of media. Today it is Wikipedia, tomorrow it may be you," the Bench told ANI's counsel, hinting at the broader implications of restricting online content.
The dispute arose after ANI filed a defamation case against Wikipedia, alleging that certain user edits on the platform described the news agency as a "propaganda tool" for the current Central government.
In July 2024, the Delhi High Court issued summons to Wikipedia, directing it to disclose the identities of three individuals who made the controversial edits.
When Wikipedia did not comply, ANI filed a contempt plea, prompting the High Court to take a stern stance. Justice Navin Chawla, in a September 5 order, mandated the personal appearance of an authorized Wikipedia representative in court.
However, when Wikipedia appealed against the directive, a Division Bench of the Delhi High Court took issue with a new Wikipedia page that detailed ANI’s lawsuit against the platform.
The High Court viewed this as an attempt to document ongoing legal proceedings in a manner it found inappropriate and ordered Wikipedia to remove the page. The court also criticized Wikipedia's reluctance to disclose user identities.
The Supreme Court, while hearing Wikipedia’s appeal, expressed skepticism over the High Court's strict approach. It questioned why the High Court was "so touchy" about discussions on its own proceedings, asserting that judges must be more tolerant of criticism.
Senior Advocate Kapil Sibal, appearing for Wikipedia, underscored the seriousness of the matter. “Mylords, it is a very serious issue. Without giving a finding on defamation, an order has been passed,” he argued.
The Supreme Court has now issued a notice to ANI and scheduled the next hearing for April 4.
