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A welcome move: On Wikipedia and Supreme Court order

19 Apr 2025
2 min

Supreme Court Judgment on Wikipedia Defamation Case

The Supreme Court has overturned the Delhi High Court's orders against Wikimedia, which directed the takedown of a Wikipedia page following a defamation case filed by Asian News International (ANI).

Background of the Case

  • The Delhi High Court had ruled on April 2, 2025, that the Wikipedia page should be removed, citing defamation.
  • The High Court's judgment was based on the claim that the page contained defamatory statements not verbatim from its references, which were labeled as "editorials" or "opinionated articles."
  • It was argued that Wikipedia, as an encyclopedia, has a "higher responsibility" for content accuracy.

Supreme Court's Rationale

  • The Supreme Court found the High Court's reasoning problematic because the references quoted were based on thorough reporting and quotes from independent investigators rather than mere opinions.
  • It noted the takedown order was overly broad and directed ANI to file a fresh plea specifying the content to be removed.

Wikipedia's Operating Model

  • Wikipedia is maintained by volunteers globally, with content creation and moderation handled by users, granting it safe harbor provisions.
  • It is a community-driven platform with over 62.95 million articles available in more than 350 languages.
  • Content quality, although variable, often involves expert editors, and Wikipedia has guidelines for user editing.
  • Disputes are resolved through discussions and protection measures like "extended confirmed protection" or "full protection."
  • Community members elect users for editing roles based on their prior editing activity and reputation.

Implications of Judicial Actions

  • Judicial actions that broadly interpret critical information as defamation risk stifling open discussion on the platform.
  • This could hinder the free flow of information, which is integral to the encyclopedia's mission.

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