The division bench of the Delhi High Court on Tuesday refused to stay its single-judge bench's direction to Wikipedia to take down the alleged defamatory description of Asian News International (ANI) on its Wikipedia page.
A Bench comprising Justices Pratibha Singh and Rajneesh Kumar Gupta said that Wikipedia and its host Wikimedia Foundation are bound by the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and if the defamatory content was not taken down within 36 hours, ANI Media can approach this court.
The bench further said that if Wikipedia claims to be an intermediary, it cannot challenge a court's decision on merits. “You have already pleaded you are an intermediary. Under IT Rules, their job is only to give effect to what the court of law directs. You cannot defend it on merits. If you are an intermediary and the court directs you to take down, you cannot even argue on merits," the court said.
However, the division bench stayed a part of the single judge's order which had asked Wikipedia and its host to remove the protection status imposed on the ANI page. The court also stayed the order that restricted Wikipedia's users and administrators from publishing anything defamatory against ANI Media on its platform.
The ‘protection status’ allows only admins to edit a Wiki page.
Justice Singh said if similar defamatory material comes up on Wikipedia page, ANI Media can inform the platform , which will take it down.
During the hearing, the judge observed that Wikipedia was nothing but an online encyclopedia and the intention of the publisher should be to take a neutral stance. After perusing the live website of Wikipedia's ANI page, the court said that it seemed to suggest there was substantial content wherein allegations like bias and other defamatory material were raised against the news agency.
On April 2, Justice Subramonium Prasad in an interim order had ordered the removal of allegedly defamatory descriptions about ANI on its Wikipedia page and had also restrained its users and administrators from publishing anything defamatory against the news agency.
Justice Prasad’s direction had come in a defamation suit filed by ANI against Wikipedia and its host Wikimedia Foundation, wherein it sought to restrain the latter from putting defamatory content against the news agency and remove such content on the page. ANI also sought damages worth Rs 2 crore from the US non-profit organisation.
According to ANI, Wikipedia has allegedly published palpably false and defamatory content with malicious intent of tarnishing the news agency's reputation and to discredit its goodwill.
The Wikipedia page says that ANI Media consistently acts at the behest of the BJP government and is a ' propaganda tool' and a 'mouthpiece' for the government of India and the BJP.
A Bench comprising Justices Pratibha Singh and Rajneesh Kumar Gupta said that Wikipedia and its host Wikimedia Foundation are bound by the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and if the defamatory content was not taken down within 36 hours, ANI Media can approach this court.
The bench further said that if Wikipedia claims to be an intermediary, it cannot challenge a court's decision on merits. “You have already pleaded you are an intermediary. Under IT Rules, their job is only to give effect to what the court of law directs. You cannot defend it on merits. If you are an intermediary and the court directs you to take down, you cannot even argue on merits," the court said.
However, the division bench stayed a part of the single judge's order which had asked Wikipedia and its host to remove the protection status imposed on the ANI page. The court also stayed the order that restricted Wikipedia's users and administrators from publishing anything defamatory against ANI Media on its platform.
The ‘protection status’ allows only admins to edit a Wiki page.
Justice Singh said if similar defamatory material comes up on Wikipedia page, ANI Media can inform the platform , which will take it down.
During the hearing, the judge observed that Wikipedia was nothing but an online encyclopedia and the intention of the publisher should be to take a neutral stance. After perusing the live website of Wikipedia's ANI page, the court said that it seemed to suggest there was substantial content wherein allegations like bias and other defamatory material were raised against the news agency.
On April 2, Justice Subramonium Prasad in an interim order had ordered the removal of allegedly defamatory descriptions about ANI on its Wikipedia page and had also restrained its users and administrators from publishing anything defamatory against the news agency.
Justice Prasad’s direction had come in a defamation suit filed by ANI against Wikipedia and its host Wikimedia Foundation, wherein it sought to restrain the latter from putting defamatory content against the news agency and remove such content on the page. ANI also sought damages worth Rs 2 crore from the US non-profit organisation.
According to ANI, Wikipedia has allegedly published palpably false and defamatory content with malicious intent of tarnishing the news agency's reputation and to discredit its goodwill.
The Wikipedia page says that ANI Media consistently acts at the behest of the BJP government and is a ' propaganda tool' and a 'mouthpiece' for the government of India and the BJP.
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