In a decisive move, the Delhi High Court today mandated the removal of a Wikipedia page linked to a defamation lawsuit filed by Asian News International (ANI) against the online encyclopedia. The court described the content of the page as “prima facie contemptuous,” complicating the ongoing legal proceedings. The order was issued by a division bench led by Chief Justice Manmohan and Justice Tushar Rao Gedela.
The contentious page, titled “Asian News International vs. Wikimedia Foundation,” purportedly carried remarks about a judge’s alleged threats to shut down Wikipedia in India, which the court identified as potentially contemptuous. The directive to remove the page was clear: “First take down the Wiki page on this matter, then we will hear.”
This directive arose during a session where the Wikimedia Foundation appealed a previous ruling from a single-judge bench, which had compelled a Wikipedia representative to appear in court. The initial order also demanded the disclosure of the identities of the editors who had added the alleged defamatory content about ANI.
At the hearing, ANI’s counsel, Siddhant Kumar, pointed out that following the court’s earlier remarks, discussions on the Wikipedia page had continued, which the court noted as exacerbating the contempt. The bench stated, “The said description of the impugned order and of the single judge is prima facie contemptuous and amounts to interference in the court proceedings, and that too by an entity whose editors are defendants in the suit.”
Wikipedia’s lawyer, Akhil Sibal, argued that the platform itself did not create these discussions. Nevertheless, he assured the court of compliance if an order to delete the page was issued. The court responded by commanding the removal or deletion of any discussions related to the single judge and the division bench from Wikipedia within 36 hours.
The background of this legal battle involves ANI’s defamation suit against Wikipedia, where the news agency seeks Rs. 2 crore in damages for what it claims are “false and defamatory content with malicious intent.” ANI accuses Wikipedia of tarnishing its reputation by suggesting it has acted as a government propaganda tool and engaged in distributing fake news.
In August, the court had initially ordered Wikipedia to reveal the identities of three editors who made the contentious edits within two weeks. Wikipedia’s failure to comply led to a contempt petition by ANI and a stern warning from the court about possible closure of Wikipedia’s operations in India.
