ANI Vs Wikipedia: SC Sets Aside Delhi HC Order To Takedown Content

SC Questions HC’s Order To Take Down ANI's Wikipedia Page

SUMMARY

The Supreme Court has set aside orders passed by the Delhi High Court asking Wikimedia Foundation, the parent of Wikipedia, to takedown defamatory content on news agency ANI’s page

SC bench said that the HC orders, passed earlier this month, were too broad and couldn’t be enforced

The ANI counsel argued that the Wikipedia page is regularly updated, and even if some parts are removed, similar content often reappears

The Supreme Court has set aside orders passed by the Delhi High Court asking Wikimedia Foundation, the parent of Wikipedia, to takedown defamatory content on news agency ANI’s page.

According to a Bar and Bench report, a SC bench said that the HC orders, passed earlier this month, were too broad and couldn’t be enforced.

In an interim order on April 2, the Delhi HC had asked Wikipedia to takedown the content in question.

However, the SC told ANI that it could return to the High Court with a new application that clearly lists the parts of the Wikipedia page it believes are false or defamatory.

“Just saying ‘remove all false content’ is too vague,” the report quoted Justice Oka as saying.

The ANI counsel argued that the Wikipedia page is regularly updated, and even if some parts are removed, similar content often reappears. The news agency would file a fresh application in the High Court.

The SC also told the HC to decide the matter independently, without being influenced by the former’s ruling.

The ANI Vs Wikipedia Case

The case began in July 2024 when ANI filed a defamation suit against Wikipedia. The news agency accused Wikipedia of allowing defamatory edits on its page, calling ANI a “propaganda tool for the incumbent central government”. Besides the removal of the content, ANI is seeking INR 2 Cr in damages from Wikipedia.

In August 2024, the Delhi HC ordered Wikipedia to reveal the identities of users who made the alleged defamatory edits. However, Wikipedia did not comply with this, saying it doesn’t control what users post and that content is managed by a global community of volunteers.

Following this, in September, the Delhi HC issued a contempt notice against Wikipedia for not following its order. At the time, the Court warned that Wikipedia could be blocked in India if it continued to ignore court directions.

However, in December 2024, the HC reserved its decision on ANI’s interim application. At the time, the court noted that it would go through the news articles that formed the basis of the alleged defamatory edits against ANI on Wikipedia.