New Delhi, Mar 17 (UNI) The Supreme Court on Monday issued notice to Asian News International (ANI) in response to a plea by the Wikimedia Foundation (Wikipedia) challenging a Delhi High Court order directing the takedown of a Wikipedia 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 directive and emphasized that the matter involved the freedom of the media.
"Ultimately, this is media. The question is about freedom of media. Today it is he (Wikipedia), tomorrow it may be you," the Court remarked, addressing ANI's counsel.
The disputed Wikipedia page, which has already been taken down, was not directly against ANI but merely documented details of ANI’s defamation case against Wikipedia, including court proceedings and remarks made by the Delhi High Court during the hearings.
However, the High Court took exception to the content, stating that discussions on judicial observations could amount to contempt of court. Consequently, it ordered Wikipedia to remove the page in October 2024.
The Supreme Court, however, appeared unconvinced by this reasoning and questioned why the High Court was being “so touchy” about the issue. It further noted that judicial proceedings are frequently discussed and criticized on social media and other platforms, and courts should not demand content removal merely because it is critical of them.
"Judges have to be more tolerant of criticism," the Bench observed.
Senior Advocate Kapil Sibal, representing Wikipedia, underscored the seriousness of the issue, stating, that it is a very serious issue. “Without giving a finding on defamation, an order has been passed," Sibal argued.
The Court, after issuing notice, scheduled the matter for the next hearing on April 4. Advocate Sidhant Kumar appeared for ANI.
The dispute began after ANI filed a defamation suit against Wikipedia, alleging that the platform had permitted defamatory edits by certain users, referring to ANI as a "propaganda tool" for the current central government.
In response, the Delhi High Court, on July 9, 2024, issued summons to Wikipedia, directing it to disclose information about three individuals responsible for the edits. ANI later moved a contempt plea, alleging non-compliance with the court’s directive.
Wikipedia, in its defense, contended that it required time to make submissions regarding the order, as it is not based in India. However, Justice Navin Chawla took strong exception to Wikipedia’s stance and, on September 5, ordered its authorised representative to appear personally in court on October 25.
Subsequently, Wikipedia approached a Division Bench in appeal. However, during the hearing, the High Court objected to the creation of a Wikipedia page documenting ANI’s case and further criticized Wikipedia’s refusal to reveal the identities of those who had edited ANI’s Wikipedia page.
As a result, a Division Bench comprising Chief Justice Manmohan (now elevated to the Supreme Court) and Justice Tushar Rao Gedela ordered Wikipedia to take down the page. This led to Wikimedia Foundation’s present appeal before the Supreme Court.
The case will now be heard by the Top Court on April 4.
UNI SNG CS
