India’s Supreme Court has raised concerns over a directive from the Delhi High Court that ordered the removal of a Wikipedia page detailing the defamation lawsuit filed by news agency Asian News International against the Wikimedia Foundation. The apex court questioned the necessity of such an order, emphasizing the importance of judicial tolerance towards public commentary on legal proceedings.
The dispute originated when ANI initiated legal action against Wikipedia, alleging that certain edits on its Wikipedia page described the agency as a “propaganda tool” for the central government. ANI contended that these descriptions were defamatory and sought their removal. In response, the Delhi High Court directed Wikipedia to disclose the identities of the individuals responsible for these edits. When Wikipedia did not comply, ANI filed a contempt petition, leading the High Court to order the takedown of the Wikipedia page titled “Asian News International vs. Wikimedia Foundation,” deeming its content potentially contemptuous and an interference with court proceedings.
During the Supreme Court hearing, Justices Abhay S. Oka and Ujjal Bhuyan expressed reservations about the High Court’s directive. Justice Oka remarked, “We can understand if there is a contempt, and contempt is proved pursuant to notice. Somebody wants to purge the contempt, so he removes that content. But to tell somebody to remove something because there is some criticism of what the Court has done, that may not be correct.” The bench highlighted the necessity for courts to be receptive to public scrutiny and criticism, especially in the digital age where information dissemination is rapid and widespread.
