Supreme Court questions Delhi High Court’s Wikipedia takedown order

The Supreme Court of India has raised concerns over the legality of a Delhi High Court order to take down a Wikipedia page on the ongoing lawsuit between the Wikimedia Foundation and Delhi-based news agency ANI.  

The apex court also sent a notice to ANI in response to a petition filed by Wikimedia Foundation against the Delhi High Court order, and has scheduled the next hearing for April 4. 

A bench comprising Justice Abhay Shreeniwas Oka and Justice Ujjal Bhuyan warned that the case has serious implications for press freedom in India. Justice Bhuyan asked ANI to “introspect” for seeking a gag order against another media organization. 

Justice Oka also warned ANI, “today it is his turn, tomorrow it may be your turn,” he added. Oka also said the Delhi High Court’s decision to take down content for being critical of the court is not correct. 

Wikimedia Foundation, which runs the Wikipedia encyclopedia, was slapped with a defamation lawsuit by ANI in July 2024. ANI, which is seeking INR 2 crore in damages, claims that it was defamed by a Wikipedia article that accuses the news agency of being a “propaganda tool” for the BJP-led government, misreporting events, and distributing content from fake news websites.  

In October 2024, the Delhi High Court ordered Wikimedia to take down a second Wikipedia page on the lawsuit, which contained comments critical of the court’s decision. That page is no longer accessible on Wikipedia. 

High Court justice Navin Chawla ordered Wikimedia to identify the editors responsible for the contentious Wikipedia page on ANI and present them before the court.

Chawla also threatened Wikipedia with a ban in India if failed to comply with the court’s orders. 

ANI has argued that Wikipedia is not eligible for safe harbour protection under India IT laws  as it exerts editorial control over its articles. 

The safe harbor policy protects intermediaries from liability and legal action for user generated content. Most social media platforms are protected under this policy, provided they comply with government take down orders. 

Though Wikipedia allows anyone to edit articles, it restricts editing rights over controversial topics to a community of registered editors with a proven track record, whose work has been vetted by other community members. 

Wikipedia has been accused by right-wing media outlets and leaders of propagating liberal propaganda through its articles. In January, Tesla CEO Elon Musk also criticized Wikipedia for labeling his hand gesture as Nazi salute at Donald Trump’s inauguration ceremony. Trump accused Wikipedia editors of showing left-wing bias and urged people to stop donations to the non-profit. 

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