Supreme Court Overturns Delhi High Court's Order on Wikipedia Page Removal

Supreme Court's Ruling on Media Coverage

On Friday, the Supreme Court nullified a directive from the Delhi High Court that mandated the Wikimedia Foundation to eliminate a page detailing the ongoing defamation lawsuit initiated by Asian News International.

A panel comprising Justices Abhay S Oka and Ujjal Bhuyan emphasized that media reporting on judicial matters should not face limitations.

“It is not the court's responsibility to instruct the media to remove content,” the justices remarked. “Both the judiciary and the media are essential components of democracy, a fundamental aspect of our Constitution. For a thriving liberal democracy, both entities must support one another.”

Wikipedia operates as a free, collaboratively edited online encyclopedia maintained by volunteers.

Earlier, on October 16, the High Court had ordered the Wikimedia Foundation to remove a page concerning a defamation suit worth 2 crores filed by the news agency against the platform. Consequently, the non-profit organization suspended access to the page.

In its recent ruling, the Supreme Court deemed the High Court's order as unjustified.

“Such directives should meet the criteria of necessity and proportionality, applicable only in situations where there is a significant risk of hindering justice or compromising trial fairness,” the court stated.

On April 4, the Supreme Court had previously criticized the Delhi High Court for its order to take down the page.

“The media frequently critiques the court,” the Supreme Court noted. “Unless it constitutes contempt, why should the court be overly sensitive? Such criticism is trivial and will be forgotten shortly.”

The defamation case revolves around a Wikipedia page that alleges ANI has been criticized for acting as a “propaganda tool” for the current Union government.

ANI claims that the Wikimedia Foundation published false and defamatory information with the intent to damage its reputation.

On April 17, the Supreme Court had also overturned a separate order from the Delhi High Court that required the Wikimedia Foundation to remove allegedly defamatory content about ANI.

“Such a broad interim relief cannot be specifically enforced,” the court stated, as reported. “There is ambiguity regarding who determines whether the content is false, misleading, or defamatory.”

Nevertheless, the bench allowed ANI the option to approach the High Court again for interim relief in this matter.