In a significant development on Monday, the Supreme Court issued a notice to Asian News International (ANI) following a plea by the Wikimedia Foundation. The plea challenges a Delhi High Court order that mandated the takedown of a Wikipedia page titled ‘Asian News International vs. Wikimedia Foundation’. The page discussed details of a defamation case filed by ANI against Wikipedia.
Justices Abhay S Oka and Ujjal Bhuyan of the Supreme Court raised questions about the rationale behind the High Court’s decision, emphasizing the importance of media freedom. “Ultimately this is media. The question is about freedom of media. Today it is he (Wikipedia), tomorrow it may be you,” the Court remarked during the proceedings.
The controversy began when the Delhi High Court took exception to the Wikipedia page, which outlined the proceedings and comments made during the hearing of ANI’s defamation suit. The High Court had labeled the discussion of its observations as potentially amounting to contempt of court, leading to its order in October 2024 to remove the page.
Expressing its concerns, the Supreme Court highlighted the need for judicial tolerance towards public scrutiny and criticism, particularly in the age of social media. “Court proceedings today are often subject to criticism on social media, etc., and courts should not ask for such content to be taken down merely because it is critical of the court,” the Bench stated, underscoring that judges must exhibit greater tolerance towards criticism.
Representing Wikipedia, Senior Advocate Kapil Sibal argued the severity of the issue, pointing out the lack of a definitive ruling on defamation before passing the takedown order. “Mylords, it is a very serious issue. Without giving a finding on defamation, an order has been passed…” Sibal explained.
The Supreme Court has scheduled the next hearing for April 4, giving time for further deliberations on the matter. Meanwhile, Advocate Sidhant Kumar represented ANI, which had initially sued Wikipedia alleging defamation, claiming the platform permitted slanderous edits describing the news agency as a “propaganda tool” for the current Central government.
In response to the summons issued by the High Court on July 9, Wikipedia was also ordered to reveal information about three individuals responsible for the contentious edits. Following non-compliance with this order, ANI filed a contempt of court application, leading to further judicial proceedings against Wikipedia.
