The High Court had earlier directed Wikipedia to take down a page related to the ongoing defamation case titled Asian News International (ANI) vs Wikimedia Foundation.
New Delhi, April 9, 2025 — The Supreme Court of India has observed that if a court wants a news report or online content about legal proceedings to be removed, it must first find that the content is prima facie contemptuous. The top court said that just because judges don’t like something written about the proceedings, it cannot be a reason to order its removal.
A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan made this observation while hearing a plea filed by the Wikimedia Foundation, the parent organisation of Wikipedia, against a Delhi High Court order.
The High Court had earlier directed Wikipedia to take down a page related to the ongoing defamation case titled Asian News International (ANI) vs Wikimedia Foundation.
The Supreme Court made it clear that freedom of reporting court proceedings cannot be suppressed just because the content is unpleasant to the judges.
The top court remarked:
“Suppose somebody says something about proceedings before this Court. Only on the ground that we don’t like it we cannot direct removal. Only if we are satisfied the well settled place of contempt, we can direct. If we see that it is contemptuous, we can do it. But only because we don’t like it, we cannot order removal.”
The court emphasized that an order for takedown must be supported by proper legal reasoning and evidence that the content is contemptuous.
“Prima facie what we feel is … We are not saying that court is powerless to direct that some content should be removed. But there first has to be a prima facie finding recorded with reasons that what is published is contemptuous. Then court can have power to direct removal.”
The page in question, which has now been removed, included details about the Delhi High Court’s hearing in the ANI defamation case. It also mentioned statements made by the court during those hearings.
The Delhi High Court objected to the Wikipedia page, stating that any discussion on the court’s observations could amount to contempt. On this basis, the High Court had passed an order in October 2024 asking Wikipedia to remove the page.
Appearing for Wikipedia, Senior Advocate Kapil Sibal explained that the page merely carried information already reported by the media.
He said:
“All live proceedings were already reported by media. It’s not as if we picked up something on our own. Even Indian Express has done it. They were not proceeded against.”
Sibal also stressed the importance of open discussion and the principle of transparency in justice:
“We have an open justice system. This has a chilling effect.”
The Supreme Court agreed with this argument.
Justice Oka responded:
“If somebody publishes a news item about me and my brother (referring to Justice Bhuyan) that we threatened somebody in Court, we will not get bothered. But if somebody puts something in the mouth of the judge, that concern is there. It all depends. We will not be bothered by this. In open court, everyday we are told things… Why should be bothered about these things.”
This case began when ANI sued Wikimedia Foundation for defamation, claiming that the Wikipedia page on ANI contained defamatory content. The page had reportedly referred to ANI as a “propaganda tool” for the current Central government.
Following this, on July 9, 2024, the Delhi High Court summoned Wikipedia and ordered it to reveal the identities of three users who made edits to ANI’s page.
When Wikipedia failed to act on this order, ANI filed a contempt of court application. Justice Navin Chawla of the Delhi High Court criticised Wikipedia’s conduct and, on September 5, directed that an authorised representative from Wikipedia be personally present on October 25.
When Wikipedia appealed before the division bench of the High Court, the judges took serious objection to a newly created Wikipedia page titled Asian News International vs. Wikimedia Foundation, which described the ongoing legal battle.
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The bench of Chief Justice Manmohan (who has since become a Supreme Court judge) and Justice Tushar Rao Gedela then passed an order asking Wikipedia to remove the page. This led Wikipedia to approach the Supreme Court for relief.
On April 2, 2025, the Delhi High Court again passed an interim order asking Wikipedia to take down certain “defamatory statements” on a different Wikipedia page about ANI.
The Supreme Court has now reserved its verdict on the plea filed by Wikipedia against the High Court’s takedown order. The top court has reiterated that any direction to remove content must follow a reasoned finding of contempt, not just disapproval by the court.
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