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ANI Media initiated a defamation suit against Wikimedia Pvt. Ltd. (Wikipedia) over allegedly defamatory content published about ANI. The Wikipedia page for ANI described the news agency as a propaganda tool for the current central government and further accused it of spreading information from a network of fake news sites and misreporting events.
The Delhi High Court, on October 16, directed the Wikimedia Foundation (Wikipedia) to take down a page titled- "Asian News International vs. Wikimedia Foundation" regarding the ongoing defamation suit filed by Asian News International (ANI). The court made these observations in an application filed by Wikipedia challenging the orders of the Single Judge to reveal the identity of the author concerning ANI's page on Wikipedia.
The bench of Chief Justice Manmohan and Justice Tushar Rao Gedela opined that the characterization of the court order regarding the defamation suit, the remarks of the Sigle Judge, and the remarks of this Division Bench as contemptuous.
During the recent court hearing, Advocate Sidhanth Kumar, representing ANI, informed the court regarding a public poll created for the page related to the ongoing defamation case, soliciting public opinion. He highlighted that a page titled "Talk: Asian News International vs. Wikimedia Foundation" hosted a public discussion, despite the court's prior admonition to Wikimedia for attempting to influence a single judge.
The court, however, suggested that ANI apply for a dynamic injunction regarding all allegedly defamatory pages on Wikipedia regarding opinions about Indian Courts or the Supreme Court. The court opined, "Please seek a dynamic injunction against Wiki. Indian courts have enough strategies to deal with all kinds of situations".
Senior Advocate Akhil Sibal expressed willingness to comply with any order but pointed out the potential danger of setting a precedent without a proper legal assessment.
The court, however, also remarked "This page will have to go, otherwise, our judges will never be able to decide the case. Your client (Wikipedia) is not above the law. No client say that they are above law, but their actions do". The court emphasized the need for action, noting that ongoing public discussions could affect judicial proceedings, and directed the immediate removal of the contested page.
Consequently, the matter was listed for October 21, 2024.
In the previous court hearing, the court had warned Wikipedia over their attempt to threaten Single Judge Navin Chawla. The court further directed the Administrator of Wikipedia India to appear in court. The court also took note of the page regarding the case, which quoted Judge Navin Chawla's warning of a potential government shutdown of Wikipedia in India.
In the main defamation suit, the single-judge bench had summoned the authorized representatives of Wikimedia Pvt Ltd. The court recognized that although Wikipedia had the right to express opinions, it would still be required to justify its actions in court, acknowledging the case as one of defamation.
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