NEW DELHI: The Supreme Court has criticised an order by the Delhi High Court, directing Wikipedia to remove details of a defamation suit filed by news agency ANI.
SC Criticises Delhi HC’s Order on ANI’s Defamation Case Against Wikipedia
A bench of Justices Abhay S Oka and Ujjal Bhuyan observed that the order could have broader implications for press freedom.
“This concerns press freedom. If it is Wikipedia today, it could be someone else tomorrow,” the bench observed.
The issue related to a Wikipedia page, containing a factual record of ANI's lawsuit against the platform.
Press Freedom at Stake: SC Questions Wikipedia Page Removal Order
The High Court felt that allowing judicial observations to be discussed could amount to contempt of court, ordering Wikipedia to remove the page detailing the suit in October 2024.
Dealing with the matter, the bench questioned such an order, underscoring that courts and judges should be more tolerant of criticism. "Ultimately this is media," the bench said.
On behalf of Wikipedia, senior advocate Kapil Sibal contended that such a direction lacked a clear legal basis.
He said, "A defamation order has been issued without any actual finding of defamation.”
The counsel expressed apprehension that it has the potential to cause chilling effects on media and digital platforms.
As per facts of the matter, ANI initially filed a defamation complaint against Wikipedia, objecting to its page that labelled the news agency as a “propaganda tool” for the ruling government.
On its plea, the Delhi High Court directed Wikipedia to reveal the identities of the editors who put the page together.
As Wikipedia failed to comply immediately, ANI filed a contempt petition, resulting into the court to summon a representative from the online encyclopedia.
Subsequently, a division bench ordered for removal of a separate page detailing ANI’s defamation suit.
