Supreme Court Challenges Delhi HC’s Wikipedia Page Removal Order
Delhi HC’s Order to Wikimedia Foundation
On October 16, the Delhi High Court instructed the Wikimedia Foundation, the organization behind Wikipedia, to remove a page about an ongoing defamation case filed by Asian News International (ANI). The order came from a bench consisting of Chief Justice Manmohan and Justice Tushar Rao Gedela, who requested the removal of the page detailing the proceedings of a 2 crore defamation suit filed by the news agency against the platform.
Supreme Court’s Reaction
On Friday, a bench of Justices Abhay S Oka and Ujjal Bhuyan of the Supreme Court questioned the Delhi High Court’s order. They asked how the bench could have issued such a direction without determining that the page was in contempt of court. The Supreme Court expressed concern over the court’s sensitivity towards criticism, stating that harsh criticism of the court is common in the media and should not be taken so personally.
Main Defamation Case
The main defamation case revolves around a page on ANI that claims the news agency has been criticized for acting as a “propaganda tool” for the current Union government. ANI alleges that the Wikimedia Foundation published false and defamatory content with malicious intent to harm the news agency’s reputation.
Delhi HC’s ‘Neutrality’ Worries
On Wednesday, the Delhi High Court ordered the Wikimedia Foundation to remove allegedly defamatory content about ANI. The court cited ‘neutrality’ concerns, stating that the content was based on “editorials and opinionated pages”. The court also emphasized that Wikipedia cannot avoid responsibility for content on its platform by claiming to be an intermediary.
- The court pointed out that Wikipedia holds a higher responsibility as it “claims to be an encyclopedia” and people tend to accept statements made on it as “gospel truth”.
The Supreme Court has scheduled the matter for further hearing on April 9.
