On Monday (14th October), the Delhi High Court issued a stern warning to Wikipedia stating that if it continued to maintain a hindering stance and didn’t divulge pertinent information, it would be at risk of losing the protection that is given to service providers. This comes days after the bench made scathing remarks against Wikipedia. During the previous hearing, the court had warned the encyclopedia saying, “If you don’t like India, please don’t work in India.”
During today’s hearing, the 2 judge bench gave a warning to Wikipedia while hearing a defamation suit filed by news agency ANI against the popular encyclopedia. Strikingly, ANI has sued Wikipedia for allowing defamatory edits and labeling the news agency as a “propaganda tool” for the present Union government.
Wikipedia has challenged an order of a single-judge bench that asked its authorised representative to be personally present before the court.
Subsequently, the High Court issued a summon to Wikipedia and directed it to disclose information about three people who made the edits on ANI’s Wikipedia page. Later, ANI moved a contempt of court application before the single-judge bench of the HC accusing Wikipedia of not complying with the court order.
Court observations and warning to Wikipedia
The Division bench of Chief Justice Manmohan and Justice Tushar Rao Gedela heard the petition. It warned the platform stating that it would be putting its intermediary protection under the Information Technology (IT) Act at risk for not disclosing the names of persons who made the contentious edits.
Justice Manmohan remarked, “You are the service provider, you run some risk of your protection, safe harbour being waived…”
The Court noted that there are serious allegations in the case adding that “the system (of Wikipedia) cannot be a cloak to defame someone.”
The bench observed that since Wikipedia was defending the users it indicate that such edits have been made “at the behest” of the platform.
Justice Manmohan said, “Your vehemence is showing … you are something more than an intermediary.”
The bench raised strong objections to the platform’s decision to allow a page titled ‘Asian News International vs. Wikimedia Foundation’ to be published concerning the present case. Coming down heavily on the platform, the Court opined, “What we are finding is extremely disturbing that you think you are beyond the ambit of law. Look at the page. You are disclosing something about a sub-judice matter.”
The matter is listed for hearing on Wednesday.
Meanwhile, the counsel representing the platform argued before the court that it had to make certain submissions regarding the order and it took them time to appear because Wikipedia is not based in India.
During earlier proceedings in the ANI defamation suit against the platform, Justice Navin Chawla had said, “I will impose contempt…It is not a question of Defendant No 1 [Wikipedia] not being an entity in India. We will close your business transactions here. We will ask the government to block Wikipedia…Earlier also you people have taken this argument. If you don’t like India, please don’t work in India.”
The court ordered an authorised representative of Wikipedia to be personally present in Court on 25th October noting that similar arguments taken by Wikipedia in earlier matters had been rejected.
It also warned the platform of contempt of court action which prompted the platform to file instant appeal before the Division Bench.
