‘Can Courts Be So Touchy?’ SC Questions Takedown of Wikipedia Page on ANI Lawsuit

“I assume that there are some criticisms of the court in whatever article is there on his [Wikipedia’s] site. How can it be ordered to be taken down unless they find that it is criminal contempt?” Justice Oka asked Asian News International’s (ANI) lawyer in the Supreme Court on April 4.The court was hearing a petition by Wikipedia against a previous order from the Delhi High Court that required it to take down a webpage chronicling a defamation lawsuit between ANI and Wikipedia.

The page referred to a previous court order asking the foundation to release the identities of the editors. It also included comments from Nishant Shah, Professor of Global Media at the Chinese University of Hong Kong, and MediaNama founder-editor Nikhil Pahwa, who termed the move “censorship and a threat to the flow of information.” According to the court, such comments amounted to “interference in court proceedings.



”Justice Oka questioned how the Delhi High Court ordered a takedown of the webpage without first reaching a conclusion on whether it was contemptuous or not. He also suggested that the court need not be overly sensitive to criticism. “Every day in the media, you will find very severe criticism of the courts.

Unless it is contempt, can we be so touchy about criticism of the courts?” he asked.“Let me tell you, frankly speaking, such criticism will be read for a few days and forgotten thereafter,” he added.Background:ANI filed a defamation lawsuit against the Wikimedia Foundation in July 2024, seeking Rs 2 crore in damages.

The media company alleged that the description on its page was defamatory and sought removal of the content. ANI specifically objected to a section stating that the news agency had received criticism for misinformation and “propaganda.”The Delhi High Court passed a judgment in the case on April 2, ordering Wikipedia to take down the defamatory edits against Asian News International (ANI).

Additionally, the court asked Wikipedia to remove the “protected” status on the ANI page to allow others to make clarificatory changes.The court had initially ordered Wikipedia to release the names of the users who worked on the contentious ANI page. When the online encyclopedia failed to do so, the court issued a contempt notice.

In a subsequent appeal of the order, a Division Bench of Chief Justice Manmohan and Justice Tushar Rao Gedela slammed Wikipedia over the article chronicling the lawsuit and had it taken down. However, Wikipedia moved the Supreme Court against the takedown, with the apex court questioning the “legality and validity” of the Delhi High Court’s order in a previous hearing. Also Read:Delhi HC Orders Wikipedia To Take Down Defamatory Edits On ANI PageSupreme Court Questions Delhi HC’s Order Asking Wikipedia to Remove ANI Lawsuit PageWikipedia’s Actions Go Beyond Intermediary Status: ANI To Delhi HCThe post ‘Can Courts Be So Touchy?’ SC Questions Takedown of Wikipedia Page on ANI Lawsuit appeared first on MEDIANAMA.

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