Delhi High Court rejects Wikipedia’s “just an intermediary” defence for defamatory content, holds it liable for ANI page content
On 2nd April, in a landmark judgment, the Delhi High Court ruled that Wikipedia cannot hide behind intermediary status to escape liability for defamatory content published on its platform. The order was passed by Justice Subramonium Prasad in response to a plea filed by ANI Media Pvt Ltd, saying that its Wikipedia page hosted on the platform contains false and defamatory content damaging its reputation.
The court noted, “Defendant No.1 (Wikipedia) professes itself to be an encyclopedia and people at large have a tendency to accept the statements made on the web pages… as gospel truth. The responsibility, therefore, of Defendant No.1 is higher.” The court also held that intermediaries such as Wikipedia carry “fiduciary responsibilities and obligations to prevent acts of defamation.”
Court directs removal of defamatory content
The court allowed ANI’s interim application seeking removal of defamatory material from its page titled “Asian News International” and directed the Wikimedia Foundation to also lift the protection status of the page, which had restricted public edits since May 2024.
Justice Prasad observed that the statements on the page were not faithful reproductions of the cited source articles. The court found that the content was instead “twisted” and “devoid of context”, which effectively altered the intended meaning. The judgment stressed that the impugned content violated Wikipedia’s own neutral point of view policy.
The court said, “The opinion of Defendants No.2 to 4 do not represent the true picture of the articles and have been twisted… Defendant No.1 has ensured that the articles cannot be edited by anybody else, thereby putting Plaintiff in a disadvantage to rebut what is given in the page.”
Allegations and editing wars
ANI filed a Rs 2 crore defamation suit against Wikimedia Foundation, saying that the administrators of the portal had edited the page to include serious allegations, including that ANI acts as a “propaganda tool” for the Government of India and spreads fake news. The agency said that attempts to edit the page to present factual clarifications using credible sources, including BBC, were reversed, and the page was eventually locked from public editing.
ANI was presented in the court by Advocate Sidhant Kumar, Advocate Om Batra, Advocate Akshit Mago, and Advocate Anshika Saxena, who argued that the defamatory material damages ANI’s decades-old reputation and is based on unverified opinions masquerading as facts.
Wikipedia’s defence and failed appeal
Senior Advocate Jayant Mehta and a large team of advocates represented Wikipedia in the court. They argued that the platform is merely an intermediary hosting content created by independent users. Wikipedia’s counsel argued that the platform does not itself upload or edit material. They claimed that the injunctions sought would stifle free speech and challenge the very model of collaborative publishing that Wikipedia follows.
However, the argument was categorically rejected by the court, citing Supreme Court precedents which hold that an intermediary must act on defamatory content once notified or ordered by a court. Earlier, Wikipedia had challenged a related order directing it to disclose the identities of its administrators to ANI.
The appeal was dismissed by a division bench that also directed removal of a separate Wikipedia page titled “Asian News International vs Wikimedia Foundation”, which had made comments against the judge hearing the matter. The remarks posted against the bench were found to be prima facie contemptuous.
Case far from over
Though the court has settled the interim application, it is being seen as a significant blow to Wikipedia’s claim of complete immunity. The main suit for damages, along with ANI’s demand for a retraction and apology, remains pending. Meanwhile, Wikipedia has appealed to the Supreme Court against the division bench’s order relating to content takedown, and a notice has been issued in that matter.
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