Delhi High Court Allows Wikipedia to Serve Summons in ANI Defamation Case, Protecting User Privacy

The Delhi High Court Today (Nov 11) allowed Wikipedia to serve summons on the users accused of adding allegedly defamatory statements on the wiki page about Asian News International (ANI). A Bench of Chief Justice Manmohan and Justice Tushar Rao Gedela passed the order while disposing of an appeal moved by Wikipedia against a single-judge’s order directing it to disclose the identity of the users.

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Delhi High Court Allows Wikipedia to Serve Summons in ANI Defamation Case, Protecting User Privacy

NEW DELHI: The Delhi High Court permitted Wikipedia to serve summons on individuals accused of making allegedly defamatory edits on the Wikipedia page for Asian News International (ANI).

This decision came from a Division Bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela, which addressed an appeal by Wikipedia against an earlier single-judge ruling. That initial order had directed Wikipedia to reveal the identities of the users responsible for the contentious edits.

Last month, Wikipedia had sought to protect the privacy of its users by agreeing to share user information with the Court. In addition, it volunteered to serve ANI’s defamation summons directly to these users.

Both Wikipedia and ANI then collaborated to create a consent order, which they presented before the court. Following this submission, the Division Bench disposed of Wikipedia’s appeal.

“I think we have made a lot of progress here. People have got identified in the process, they will be served within a week. What else can be there,”

-the Court stated, indicating its satisfaction with the privacy-protective approach while refusing to consider other arguments raised by ANI.

This unique situation allows user privacy to be upheld while ensuring accountability within the legal process. It marks one of the rare occasions when an intermediary platform, like Wikipedia, is tasked with serving summons directly to its users rather than this being handled by the plaintiff or the Court.

ANI initially filed a defamation suit in the Delhi High Court, arguing that Wikipedia had permitted defamatory content to remain on its page. The case, currently pending before a single-judge, will now advance as Wikipedia has agreed to serve summons to the users involved, allowing the hearing on interim relief to proceed.

Delhi High Court Allows Wikipedia to Serve Summons in ANI Defamation Case, Protecting User Privacy

ANI has requested the removal of defamatory edits on its Wikipedia page. In July, the Court responded by summoning Wikipedia and instructing it to reveal details on three individuals believed to have made these edits.

Following complaints from ANI about non-compliance, single-judge Justice Navin Chawla expressed strong disapproval of Wikipedia’s actions and issued a contempt notice against the platform.

Justice Chawla also mandated the personal appearance of a Wikipedia representative in court on October 25, the next scheduled date for the contempt proceedings.

In response, Wikipedia challenged these single-judge orders before the Division Bench.

At an earlier hearing, the Division Bench expressed disappointment over Wikipedia’s initial reluctance to disclose information on the users responsible for the alleged defamatory edits on ANI’s Wikipedia page.

CASE TITLE:
Wikimedia Foundation Inc v. ANI Media Private Limited & Ors.

Click Here to Read Previous Reports on ANI vs Wikipedia

author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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