Supreme Court Issues Notice on Wikimedia Foundation's Petition Against Delhi High Court Order Over Wikipedia Defamation Case

The Supreme Court on Monday (March 17) issued a notice on a petition filed by Wikimedia Foundation challenging a Delhi High Court order directing the removal of a Wikipedia page and related discussions concerning ongoing defamation proceedings filed by Asian News International (ANI) against the platform.

Supreme Court Bench Expresses Concerns

During the hearing, the bench comprising Justices Abhay S Oka and Ujjal Bhuyan expressed concerns over the legality of the High Court's directive. The Court questioned the order that instructed the takedown of content, particularly given that it was linked to ongoing court proceedings.

"We are concerned with the legality and validity of the directions issued by the High Court in paragraph No. 5 of the impugned order," the bench remarked while issuing notice to ANI, returnable on April 4.

The High Court’s Controversial Order

The issue stems from a defamation suit filed by ANI against Wikipedia, which alleges that defamatory content regarding ANI’s editorial policies and credibility had been posted on the site. The Delhi High Court had previously directed that a Wikipedia page titled "Asian News International vs. Wikimedia Foundation" be taken down, noting that certain statements were prima facie contemptuous, particularly one claiming that a judge had threatened to shut down Wikipedia in India.

Wikimedia’s Challenge to the High Court’s Order

Wikimedia Foundation contested this order, with Senior Advocate Kapil Sibal representing them in the Supreme Court. Sibal argued that the High Court’s order was issued without a proper defamation finding, and that the contentious content had been sourced from an Indian Express article, not directly created by Wikimedia. He further highlighted that criticism and comments on court proceedings were not unusual and should not necessarily be considered contemptuous or interfere with the course of justice.

Supreme Court’s Observations on Court Criticism

Justice Oka, expressing concerns about the removal of material due to criticism of court proceedings, remarked, "To tell somebody to remove something because there is some criticism of what the Court has done, that may not be correct." He emphasized the importance of tolerance in the face of public commentary on court actions, noting that such discourse should not automatically be construed as interference with judicial proceedings.

Background of the Defamation Dispute

The case began with ANI filing a defamation lawsuit seeking damages of Rs. 2 crores and the removal of content it claimed harmed its credibility. The Delhi High Court had earlier ordered Wikimedia to disclose the subscriber details of individuals who had edited the controversial Wikipedia page. Wikimedia contested this, but a consent order was reached in November 2024, resolving the matter, including the closure of ANI’s contempt plea against Wikimedia.

Looking Ahead: Key Supreme Court Decision

As the legal battle continues, the Supreme Court's notice on Wikimedia's petition has set the stage for a key decision on the balance between media freedom, defamation, and the judiciary’s protection from criticism.

Case Title – Wikimedia Foundation Inc. v. ANI Media Private Limited