In a significant ruling, the Delhi High Court has allowed Wikipedia to serve defamation summons directly to its users accused of making defamatory edits on the Asian News International (ANI) page. This decision came from a Division Bench led by Chief Justice Manmohan and Justice Tushar Rao Gedela, which overturned a previous order demanding the disclosure of the editors’ identities.
The bench addressed an appeal by Wikipedia against a single-judge’s decision that required the online encyclopedia to reveal user information linked to alleged defamatory content. Wikipedia, advocating for user privacy, proposed a compromise wherein it would directly serve the summons to the concerned users instead of disclosing their identities to ANI.
Following collaborative efforts between Wikipedia and ANI, a consent order was formulated and accepted by the court, effectively resolving the dispute over user privacy. “I think we have made a lot of progress here. People have got identified in the process, they will be served within a week. What else can be there,” remarked the court, expressing satisfaction with the resolution that maintained privacy while ensuring legal accountability.
This decision marks a rare instance where an online platform like Wikipedia is entrusted with the responsibility of serving legal summons, a role traditionally performed by the plaintiff or judicial authorities. It underscores the judiciary’s willingness to adapt legal procedures to respect the privacy concerns inherent in digital interactions.
The controversy began when ANI filed a defamation lawsuit against Wikipedia, alleging that the platform allowed slanderous content to persist on its dedicated page. This prompted the court in July to demand information about three Wikipedia users believed responsible for the edits.
The situation escalated when Wikipedia reportedly failed to comply fully, leading to a contempt notice issued by Justice Navin Chawla against the organization. Justice Chawla also ordered a Wikipedia representative to personally appear in court on October 25, coinciding with the next hearing for the contempt proceedings.
