Introduction
The Delhi High Court on Wednesday ordered the removal of allegedly defamatory content and description of news agency ANI Media Private Limited on its Wikipedia page. Justice Subramonium Prasad directed the Wikimedia Foundation, which hosts the Wikipedia platform, to remove allegedly defamatory statements published against ANI on its Wikipedia page titled “Asian News International.
What Wikipedia says about ANI
On a page titled ‘Asian News International’, Wikipedia says it “has been criticised for having served as a propaganda tool for the incumbent central government, distributing materials from a vast network of fake news websites, and misreporting events.” GetMyIndia.com
The story so far and Background
In July 2024, the High Court ordered Wikipedia to disclose information about the three people who made the alleged defamatory edits to ANI’s page on its site.
In September 2024, the Court issued a contempt notice to Wikipedia for failing to do so. Wikipedia then moved the Division Bench in appeal. ANI and Wikipedia reached an agreement, and the latter agreed to serve notice on the users thereby protecting their identity, reported Bar and Bench. Meanwhile, the Wikimedia Foundation has moved the Supreme Court against the High Court order. The apex court is expected to hold its next hearing on the Wikimedia case on April 4.
Background
The dispute originates from a defamation suit filed by ANI against Wikipedia, alleging defamatory content regarding ANI’s credibility and editorial policies. ANI sought damages amounting to ₹2 crores and the removal of the content. Wikipedia was also directed by the court to disclose the subscriber details of three individuals who had edited ANI’s Wikipedia page, an order that Wikimedia contested.
Subsequently, on November 11, 2024, the Delhi High Court closed Wikimedia’s appeal against the single judge’s order directing disclosure of the individuals’ subscriber details. This came after both parties entered into a consent order resolving the matter. The division bench allowed Wikipedia to serve summons on the individuals and permitted the single judge to proceed with ANI’s defamation suit under the law.
Following the removal of the contested Wikipedia page, the High Court also closed ANI’s contempt plea against Wikimedia. Thereafter, the Single bench of the Delhi High Court issued a summons to three individuals who allegedly edited ANI’s Wikipedia page while dealing with the defamation suit filed by ANI against Wikimedia Foundation, which hosts the Wikipedia platform
India Wins Court Battle: Wikimedia to Remove Defamatory Content
In a landmark decision, an Indian court has ruled that Wikimedia, the platform behind Wikipedia, must remove content deemed defamatory to the country. The ruling follows a complaint alleging that certain articles contained false and harmful information about India, damaging its reputation and public image. The court found that the content violated legal provisions protecting against defamation and ordered its removal.
Wikimedia has been given a specific timeframe to comply with the ruling and remove the content. This legal win marks a significant step in India’s ongoing efforts to regulate online content and ensure that digital platforms adhere to the country’s laws. The decision underscores the growing importance of accountability for global platforms operating within India’s jurisdiction, especially when it comes to sensitive or potentially harmful information. This case highlights the balance between freedom of expression and the responsibility of platforms to protect individuals, nations, and entities from defamatory content online.
Conclusion
The Indian court’s ruling marks a significant moment in the ongoing debate over online content regulation and defamation. By ordering Wikimedia to remove defamatory material, the court has reinforced the importance of accountability for global platforms operating within India. This decision upholds the country’s legal standards and sets a precedent for how digital platforms must handle sensitive content. As the digital landscape continues to evolve, this case underscores the necessity of balancing free speech with protecting individuals and nations from harm. Wikimedia’s compliance with the court’s order will be closely watched as it may influence similar legal actions worldwide.
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