Wikipedia Can't Claim Neutrality While Hosting Defamatory Edits: Delhi High Court Orders Takedown in ANI's Defamation Suit

06 April 2025 5:26 PM

By: Deepak Kumar


Statements published on Wikipedia are not sourced facts, but editorialised opinions masquerading as truth— In a ruling that puts global intermediaries on notice, the Delhi High Court on April 2, 2025, ordered Wikimedia Foundation, the parent of Wikipedia, to remove allegedly defamatory content against ANI Media Pvt. Ltd., India’s leading news agency, and lift protection status on ANI’s Wikipedia page.

Justice Subramonium Prasad, presiding over the suit filed by ANI, held that Wikipedia cannot evade accountability under the cloak of neutrality if the content published on its platform is “ex-facie defamatory” and built on “distorted interpretation of editorial sources.”

Wikipedia is not a private blog. It’s a global encyclopedia. Responsibility must match that stature: The court found that the ANI Wikipedia page had been heavily edited by anonymous administrators, listed as Defendants No. 2 to 4, who inserted statements branding ANI as a “propaganda tool,” “mouthpiece of the Indian government,” and an outlet for “low-quality journalism” and “fake news.”

“These statements,” the Court observed, “are presented as objective facts but are lifted from opinion pieces, devoid of context, and twisted to create a narrative that tarnishes the plaintiff’s professional standing.”

Justice Prasad underscored the importance of Wikipedia’s own policy on neutrality: “The statements on the plaintiff’s page are all sourced from articles which are nothing but editorials. Defendant No.1, which professes neutrality, has an obligation to verify whether the opinions being published align with source intent.”

Intermediaries can’t be passive bystanders after court notice—Court invokes Supreme Court precedent: In what could become a precedent-setting interpretation of Section 79 of the Information Technology Act, the Court dismissed Wikimedia’s defence that it is merely an intermediary and not liable for user-generated content.

Relying on the Supreme Court’s rulings in Google India Pvt. Ltd. v. Visaka Industries (2020) and Shreya Singhal v. Union of India (2015), the Court held: Once an intermediary receives actual knowledge via court order, it is duty-bound to act. Neutrality cannot be a veil for inaction when defamation is clear and continuing.

Further, the Court reminded that Wikipedia’s self-characterisation as an encyclopedia raises public expectations: People at large have a tendency to accept statements on Wikipedia as gospel truth. This raises the bar of responsibility for Defendant No.1.

“Protection status placed ANI at a disadvantage—no chance to rebut, no edits allowed”
The court noted that ANI’s attempts to edit its own page and insert factual rebuttals from trusted sources like the BBC were repeatedly undone by Defendants 2 to 4, who not only reverted the page to its prior defamatory form but also imposed a protection lock to bar public edits indefinitely.

This Court finds merit in the allegation that Defendant No.1 ensured that ANI’s version could not be reflected, said the judge, noting how the content was “curated, locked, and shielded” from correction.

The protection status, the Court said, created a tilted playing field that denied ANI the opportunity to counter defamatory narratives.

“Single Publication Rule has no place where content is recontextualised to defame”—Court finds fresh cause of action
Responding to Wikimedia’s argument that the claims were time-barred under the Single Publication Rule, the Court cited its own prior ruling in Khawar Butt v. Asif Nazir Mir and held that the statements on ANI’s page were not mere republications, but fresh defamatory assertions derived from twisted interpretations of past articles.

The statements on the Wikipedia page are not verbatim reproductions. They are distorted and taken out of context. Hence, the Single Publication Rule does not apply.

The Court emphasized that the cause of action arose afresh with every contextually altered statement, especially when such statements presented opinions as objective truth.

“Prima facie case made out, irreparable harm caused—interim injunction justified under strict Bonnard standard”
While courts in India tread carefully before granting interim injunctions in defamation suits, the High Court noted that Defendants 2 to 4 had refused to appear despite service, and their silence, combined with lack of source accuracy, warranted judicial intervention.

Citing the Supreme Court’s 2025 verdict in Bloomberg v. Zee, Justice Prasad recalled the Bonnard v. Perryman principle: Pre-trial injunctions must be granted only when the impugned material is palpably false, malicious, and likely to cause irreparable harm.

Finding that ANI had satisfied all three tests—prima facie case, balance of convenience, and irreparable injury—the Court ruled in favour of ANI’s limited interim relief.

Wikipedia to Take Down Defamatory Content and Restore Edit Access
Allowing the suit in part, the High Court directed Wikipedia to remove the defamatory content from ANI’s page and lift the protection status that was preventing changes or corrections.

The opinion of Defendants No.2 to 4 does not represent the true picture of the sources. They have been twisted. Defendant No.1 must ensure such content is not allowed to persist.

The matter will now proceed for adjudication on other prayers, including damages, apology, and permanent injunctions.

Date of Decision: April 2, 2025
 

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