Wikipedia ordered to remove page on ongoing case against ANI
The Delhi High Court has ordered Wikipedia to take down a webpage concerning an ongoing legal battle filed by Asian News International (ANI) against the Wikimedia Foundation. The court, headed by Chief Justice Manmohan and Justice Tushar Rao Gedela, took objection to the page titled "Asian News International vs. Wikimedia Foundation." The court said, "First take down the Wiki page on this matter then we will hear."
ANI's defamation lawsuit against Wikipedia
ANI had filed a defamation suit against Wikipedia, alleging that the platform allowed users to make defamatory edits, depicting ANI as a "propaganda tool" for the current Central government. On July 9, the high court had issued summons to Wikipedia, seeking information about three individuals who made these edits. ANI later filed a contempt of court application alleging non-compliance with this order.
Wikipedia's non-compliance and court's response
Wikipedia's counsel clarified that appearing in court took time since Wikipedia isn't based in India. However, Justice Navin Chawla raised strong objections on September 5 and ordered a Wikipedia representative to appear in court on October 25. The division bench had also slammed Wikipedia for allowing the creation of a page about this case and for not revealing details of those who edited ANI's page.
Court warns Wikipedia of losing intermediary protection
The court warned that this position could put Wikipedia's intermediary protection under the Information Technology (IT) Act) in jeopardy. In the recent hearing, the court noted that Wikipedia's safe harbor protection is "gone" as it refused to share editor details. The bench asked what steps would be taken if malicious content about them was published on the platform.
Wikipedia ordered to remove contentious page
Senior Advocate Akhil Sibal, appearing for Wikipedia, said such content would be removed as per policy and court orders. To this, Justice Gedela shot back, "Simply say, you are not going to do anything about it." Sibal explained content is generated organically and not meddled with by Wikipedia. The court has now ordered the removal of the controversial page within 36 hours and listed further hearing on this case for October 21.
