'Propaganda tool' row: SC reverses Wikipedia takedown in ANI defamation case

In a landmark ruling on Friday, May 9, the Supreme Court of India reversed a Delhi High Court order that had asked the Wikimedia Foundation to remove a Wikipedia page containing information about a defamation case brought by news agency Asian News International (ANI).

The top court held that the material in question was not prima facie contemptuous and asserted the need for open judicial proceedings and freedom of expression.

A two-judge bench of Justices Abhay S Oka and Ujjal Bhuyan pointed out that courts are public bodies and must be available for public watch, discussion, and scrutiny. They observed, “It is not the role of the Court to instruct the media to remove this and upload that,” ensuring the practice of media reporting in judicial proceedings could not be suppressed lightly.

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‘Propaganda tool’ case

The court case began in July 2024 when ANI sued the Wikimedia Foundation for defamation, claiming that its Wikipedia page had defamatory content referring to the agency as a “propaganda tool” of the current government.

The Delhi High Court had earlier directed the deletion of the page and asked Wikimedia to reveal the names of the editors. The Supreme Court determined that the reaction of the High Court was not proportionate. Justice Bhuyan observed that asking for the deactivation of the content in reaction to criticism would not be necessary, pointing out that the judiciary and media are pillars of a democratic society.

ANI, reacting to the ruling, accepted the court’s confirmation of the right of the press to report on court proceedings while observing that litigants can request reporting restrictions in extraordinary circumstances to prevent prejudice.

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