The Supreme Court of India has raised concerns over the Delhi High Court's directive mandating the removal of a Wikipedia page discussing the ongoing defamation case filed by Asian News International (ANI) against Wikimedia Foundation. The apex court, on Monday, issued a notice on Wikimedia's plea challenging the High Court's order and set the next hearing for April 4.
A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan questioned the rationale behind the Delhi High Court’s order, emphasizing that courts should not be overly sensitive about public discussions on their proceedings. “To bring the best out of the lawyers, sometimes we say so many things in open court. Now, if the court says something orally and, on social media, somewhere there is a comment offered, why should the court be touchy about such comments... Somebody discusses something which happens in the court, will that amount to interference?” Justice Oka remarked.
The Court expressed concerns over the High Court's direction to remove content merely because it criticized judicial observations. Justice Oka stated, “We can understand if there is a contempt, and contempt is proved pursuant to notice. Somebody wants to purge the contempt, so he removes that content. But to tell somebody to remove something because there is some criticism of what the Court has done, that may not be correct.”
The dispute originates from a defamation suit filed by ANI against Wikimedia, claiming that certain edits on ANI’s Wikipedia page portrayed it as a "propaganda tool" for the government. ANI sought Rs. 2 crores in damages and demanded the removal of defamatory content. The High Court had also directed Wikimedia to disclose the subscriber details of three individuals who had edited the ANI Wikipedia page, an order Wikimedia contested.
During Monday’s hearing, Senior Advocate Kapil Sibal, representing Wikimedia, asserted that the High Court passed its order without making a specific finding on defamation. “It is just not possible,” Sibal argued, pointing out that the content in question was originally sourced from an Indian Express article rather than Wikipedia itself.
The High Court had taken strong exception to a Wikipedia page titled “Asian News International vs. Wikimedia Foundation,” deeming certain comments on the page as prima facie contemptuous. Particularly, the court objected to claims that a judge had threatened to shut down Wikipedia in India. Citing interference with court proceedings, the High Court, in October 2024, directed Wikipedia to remove the page and discussions related to the case.
However, the Supreme Court took a different stance, emphasizing the importance of media freedom. “Ultimately, this is the media. The question is about the freedom of the media. Today it is he (Wikipedia), tomorrow it may be you,” the bench told ANI’s counsel.
The Supreme Court has now sought ANI’s response, granting it time until the end of the month to file a counter affidavit, along with the correct copy of the alleged defamatory article. The case is scheduled for further hearing on April 4.
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