The Supreme Court on Monday, March 17, questioned the Delhi High Court's order for Wikipedia to remove details of a defamation suit filed by news agency ANI. A bench comprising Justices Abhay S Oka and Ujjal Bhuyan expressed concern, noting that the order could have broader implications for press freedom. “This concerns press freedom. If it is Wikipedia today, it could be someone else tomorrow,” the court remarked.
The disputed Wikipedia page included a factual record of ANI's lawsuit against the platform. However, the Delhi HC said that allowing judicial observations to be discussed could amount to contempt of court, ordering Wikipedia to remove the page detailing the suit in October 2024. The SC questioned this move, emphasising that courts and judges should be more tolerant of criticism.
Senior advocate Kapil Sibal, representing Wikipedia, challenged the ruling, arguing that it lacked a clear legal basis. “A defamation order has been issued without any actual finding of defamation,” he said, warning of potential chilling effects on media and digital platforms.
The case began when ANI filed a defamation complaint against Wikipedia, objecting to edits on its page that labelled the news agency as a “propaganda tool” for the ruling government. In response, the Delhi HC directed Wikipedia to reveal the identities of the editors who put the page together. When Wikipedia failed to comply immediately, ANI filed a contempt petition, leading the court to summon a representative from the online encyclopedia.
The case escalated when a Division Bench of the Delhi HC learnt that Wikipedia created a separate page documenting ANI’s lawsuit, which it then ordered to be removed for non-compliance.