On Monday, April 7, the Wikimedia Foundation, the organization behind the Wikipedia platform, filed an appeal in the Delhi High Court against an order instructing it to remove allegedly defamatory content related to ANI (Asian News International) Media Private Limited. The case was brought before a division bench, comprising Justice Navin Chawla and Justice Renu Bhatnagar, however, the matter could not be heard as Justice Chawla recused himself from the hearing.
The division bench, in its ruling, mentioned:
"Subject to orders of the Chief Justice, list this appeal before a bench of which one of us is not a part. List tomorrow."
Background of the Case
The issue began when ANI filed a defamation suit against Wikipedia. The single judge, Justice Chawla, had previously dealt with ANI's suit and issued summons to Wikimedia Foundation, directing the platform to disclose subscriber details of three individuals who had edited ANI's Wikipedia page. On April 2, the single judge further ordered the removal of allegedly defamatory content from Wikipedia’s page about ANI.
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The content in question was found on Wikipedia’s page titled “Asian News International,” which had included statements that ANI had been criticized for allegedly serving as a propaganda tool for the Indian government, promoting fake news, and misreporting events. These statements were sourced from articles that the court described as editorials and opinionated material rather than factual reports.
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The single judge made it clear that Wikipedia could not avoid responsibility for such content by merely claiming to be an intermediary. The court emphasized that the platform was accountable for the content published on its pages, especially when it could be perceived as damaging to a party's reputation.
In its defamation suit, ANI accused Wikipedia of publishing false and malicious content with the intent to harm its reputation. ANI sought damages amounting to Rs. 2 crore for the alleged defamation. The media agency argued that the content was not only false but also intentionally aimed at tarnishing its public image.
As the case progressed, in August 2024, the court directed Wikipedia to disclose the subscriber details of three individuals who had edited the disputed Wikipedia page. The platform challenged this order before the division bench, which took exception to the page’s existence and its mention of the ongoing defamation proceedings.
The division bench took a strong stance on the content and ordered the removal of the page titled "Asian News International vs. Wikimedia Foundation." The bench noted that the page contained adverse comments regarding the single judge handling the case, which were seen as prima facie contemptuous.
The division bench, in its order, had stated:
"The adverse comments made against the single judge on the Wikipedia page were prima facie contemptuous and thus must be removed."
Later, the matter was resolved through a consent order after both parties reached an agreement. The division bench directed the single judge to continue proceedings in the defamation suit, which included issuing summons to the three individuals who had edited the page.
Most recently, the Supreme Court of India issued notice on Wikipedia's appeal against the division bench’s order to remove the Wikipedia page related to the defamation dispute. The case has gained significant attention due to its implications on the responsibility of platforms like Wikipedia in moderating content and the legal consequences of defamatory material online.
Title: Wikimedia Foundation v. ANI Media
