Stating it was a matter of freedom of media, the Supreme Court on Monday questioned the rationale behind the Delhi High Court’s order directing Wikipedia to take down a webpage about the ongoing proceedings of a defamation suit filed by news agency Asian News International against the platform, reported Bar and Bench.
A bench of Justices Abhay S Oka and Ujjal Bhuyan also issued a notice to ANI on a petition by Wikimedia Foundation, the United States-based non-profit that owns Wikipedia, challenging the High Court’s order.
Wikipedia is a free online collaborative encyclopaedia edited by volunteers.
On October 16, a High Court bench of Chief Justice Manmohan and Justice Tushar Rao Gedela directed the Wikimedia Foundation to take down the page within 36 hours. Following this, the non-profit had “suspended access” to the page.
“Ultimately this is media,” the Bar and Bench quoted the Supreme Court as saying. “The question is about freedom of media. Today it is he [Wikipedia], tomorrow it may be you [ANI].”
The top court added that it was concerned about the “legality and validity” of the directions issued by the High Court, reported Live Law.
Representing Wikipedia, Advocate Kapil Sibal told the court that the High Court had passed an order without making a finding on defamation. “It is just not possible,” said Sibal, adding that the content on the page was not produced by Wikimedia but taken from an article by The Indian Express.
“In this court, we say things, and somebody wants to comment upon it... this happens,” said the Supreme Court. “Sometimes somebody says that you are sitting here with a preconceived mind or that you are not giving a hearing. People say things, and we have to tolerate it.”
The bench added: “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?”
The court listed the matter for hearing on April 4.
The High Court’s direction had come while hearing a defamation case filed by ANI seeking the removal of the description on another Wikipedia page about the news agency. The page about ANI says that the news agency has been criticised for serving as a “propaganda tool” for the current Union government.
The court had asked Wikipedia to identify the editors of the page about ANI, which the platform agreed to do in October.
After Wikipedia suspended access to the page, the High Court dismissed the news agency’s contempt plea against the platform. However, the proceedings on the appeal by Wikipedia continued.
Also read: A Delhi High Court case could end up threatening how Wikipedia works in India
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