Delhi High Court to Review Source Articles over ANI’s Defamation Claim Against Wikipedia Edits

Alok Singh 

The Delhi High Court is set to examine source articles published by The Caravan and The Ken that allegedly served as the basis for contentious edits to Asian News International’s (ANI) Wikipedia page. 

ANI had filed a defamation suit against Wikipedia, alleging that its page was manipulated to portray the agency as a propaganda outlet, citing inaccuracies and defamatory claims in ANI Media Private Limited v. Wikimedia Foundation Inc & Ors.

During the hearing, Justice Subramonium Prasad emphasized that he would review the source materials to determine whether the edits on Wikipedia accurately reflected their content. 

The Court noted that if the claims on the Wikipedia page were unsupported by the source articles, then action could be taken to remove the defamatory content. But, if the edits were faithful to the sources, the Court might need to delve deeper before passing an injunction.

The debate focused on balancing freedom of speech under Article 19(1)(a) of the Constitution and the right to reputation. 

ANI’s counsel argued that Wikipedia’s portrayal had caused reputational harm. On the other hand, Wikipedia’s counsel defended the platform as a neutral intermediary, relies on verifiable sources and allows users to contribute freely.

The Court highlighted the complexity of distinguishing between an intermediary and a publisher. The Court questioned the defence of user actions on Wikipedia’s claim to be a neutral platform. Earlier, the Court directed Wikipedia to disclose information about the editor’s responsibility for the edits and warned the platform about contempt proceedings for non-compliance.

The Court has reserved its decision on ANI’s plea for interim relief, emphasizing the need to consider loss and the balance of convenience before granting an injunction.