SC Questions Delhi HC’s Order To Take Down ANI Vs Wikipedia Suit Page

In the latest twist in news agency ANI’s suit against Wikipedia, the Supreme Court (SC) has questioned a Delhi High Court (HC) order, which directed Wikipedia to delete a page on the ongoing defamation proceedings. 

As per Live Law, a bench of the SC, comprising Justice Abhay S Oka and Justice Ujjal Bhuyan, raised questions over how the HC could pass the directions without proving contempt. 

“We can understand if action for contempt is taken. But how can there be a direction to take down the offending pages and discussion unless the court comes to a conclusion that this is contempt?” Justice Oka reportedly observed. 

The comments came while the SC was hearing a petition moved by Wikipedia’s parent Wikimedia Foundation against a Delhi HC order. The HC bench had taken objection to certain comments on the page, which read that a judge had threatened to shut down the digital encyclopaedia in India. 

During the hearing, ANI’s counsel sought time to file a counter affidavit in the matter. However, Justice Oka continued to highlight that the issue in question is of principle of law.

“Can such (an) order be passed? See, every day in (the) media you will find very severe criticism of the court. Unless it is contempt, can we be so touchy about criticism of the courts? A simple question we are asking you. You better take instructions. We are only on principles,” Justice Oka reportedly remarked. 

Thereafter, the SC adjourned the case and posted the matter for next hearing on April 9. 

It is pertinent to note that the SC is just hearing an appeal filed by Wikipedia against the HC’s aforementioned order, while the main defamation lawsuit is being heard by the Delhi HC. 

The ANI Vs Wikipedia Lawsuit

At the heart of the matter is a defamation suit filed by ANI against Wikipedia. The news agency has accused the online encyclopedia of allowing defamatory “edits” on ANI’s Wikipedia pages, including references that the news agency acted as a “propaganda tool” for the Centre. 

ANI has sought damages to the tune of INR 2 Cr and the removal of the alleged defamatory content. Meanwhile, during previous proceedings, the Delhi HC directed Wikipedia to disclose the details of the users who made the “defamatory” edits to ANI’s page. 

However, Wikipedia moved a division bench of the HC to appeal against the order. During the hearing, the divisional bench also sided with ANI and ordered Wikipedia to take the page down, citing the subjudice nature of the matter. Subsequently, the online platform moved the SC against the HC’s order. 

Earlier yesterday, the Delhi HC, in the main suit, issued interim directions to Wikipedia to take down alleged “defamatory statements” made against ANI on the online encyclopedia.