Section 32 Arbitration Act | Termination for Non-Payment of Fees Ends Arbitrator’s Mandate; Remedy Lies in Section 14(2): Supreme Court False Allegations of Dowry and Bigamy Amount to Mental Cruelty: Madras High Court Upholds Divorce Plaintiff Must Prove Her Own Title Before Seeking Demolition Of Defendant’s Pre-existing House: Andhra Pradesh High Court Mismatch Between Bullet and Recovered Gun Fatal to Prosecution: Calcutta High Court Acquits Man Convicted for Murder Where the Conduct of the Sole Eye-Witness Appears Unnatural and No Independent Witness Is Examined, Conviction Cannot Stand: Allahabad High Court Fraudulent Sale of Vehicle During Hire Purchase Renders Agreement Void: Gauhati High Court Upholds Decree for Refund of ₹4.90 Lakhs Unsigned Written Statement Can’t Silence a Defendant: Hyper-Technical Objections Must Yield to Substantive Justice: Delhi High Court Default Bail | No Accused, No Extension: Delhi High Court Rules Custody Extension Without Notice as Gross Illegality Under Article 21 Gratuity Can Be Withheld Post-Retirement for Proven Negligence Under Service Rules – Payment of Gratuity Act Does Not Override CDA Rules: Calcutta High Court Cognizance Is of the Offence, Not the Offender: Madras High Court Rejects Challenge to ED’s Supplementary Complaint in PMLA Case Acquittal in Rajasthan No Bar to Trial in Madhya Pradesh: MP High Court Rejects Double Jeopardy Plea in Antiquities Theft Case 20% Deposit Isn’t Automatic in Cheque Bounce Appeals: Right to Appeal Can’t Be Priced Out: Punjab & Haryana High Court Checks Mechanical Use of Section 148 NI Act A Child Is Not a Non-Earner: Punjab & Haryana High Court Sets New Benchmark in Compensation for Minors’ Deaths 90 Days Is Not Sacrosanct – Courts Can Permit Reply to Counter-Claim Even Beyond Prescribed Time in Interest of Justice: Punjab & Haryana High Court Magistrate Can Proceed Only for Offences Committed in India Until Sanction Is Obtained for Acts Outside India: Orissa High Court on International Financial Fraud Award Is Vitiated by Non-Consideration of Material Evidence: Orissa High Court Sets Aside Industrial Tribunal’s Wage Award in IMFA Case POCSO | Absence of Child's Name in Birth Certificate Not Fatal: Kerala High Court No One Has the Right to Impute Illicit Motives to Judges in the Name of Free Speech: Karnataka High Court Jails Man for Criminal Contempt DV Complaint Cannot Be Quashed at Threshold Under Article 227: Madras High Court Refuses to Interfere, Directs Accused to Seek Remedy Before Magistrate Recovery Wasn't From Accused's Exclusive Knowledge — Cylinder Already Marked in Site Plan Before Arrest: Allahabad High Court Acquits Man in Murder Case State Can’t Block SARFAESI Sale by Late Revenue Entries: Secured Creditor’s Charge Prevails Over Tax Dues: Punjab & Haryana High Court Slams Sub-Registrar’s Refusal Providing SIM Card Without Knowledge of Its Criminal Use Does Not Imply Criminal Conspiracy: P&H High Court Grants Bail in UAPA & Murder Case Importer Who Accepts Enhanced Valuation Cannot Later Contest Confiscation and Penalty for Undervaluation: Madras High Court Upholds Strict Liability under Customs Act "Allegations Are Not Proof: Madras High Court Refuses Divorce Without Substantiated Cruelty or Desertion" When FIR Is Filed After Consulting Political Leaders, the Possibility of Coloured Version Cannot Be Ruled Out: Kerala High Court Mere Allegations of Antecedents Without Conviction Can't Defeat Right to Anticipatory Bail: Kerala High Court Section 106 Of Evidence Act Cannot Be Invoked In Vacuum – Prosecution Must First Lay Foundational Facts: Karnataka High Court Acquits Wife And Co-Accused In Husband’s Murder Case Parity Cannot Be Claimed When Roles Are Different: Karnataka High Court Refuses Bail to Youth Accused of Brutal Killing Injured Wife Would Not Falsely Implicate Her Husband: Gauhati High Court Upholds Conviction in Domestic Stabbing Case Disputed Bids, Missing Evidence and No Prejudice: Delhi High Court Refuses to Intervene in Tender Challenge under Article 226 Setting Fire to House Where Only Minors Were Present is a Heinous Offence – No Quashing Merely Because Parties Settled: Calcutta High Court No Exclusive Possession Means Licence, Not Lease: Calcutta High Court Rules City Civil Court Has Jurisdiction to Evict Licensees Defendant's Own Family Attested the Sale Agreement – Yet She Called It Nominal: Andhra Pradesh High Court Upholds Specific Performance Renewal Not Automatic, No Evidence Of Notice Or Mutual Agreement: AP High Court Dismisses Indian Oil’s Appeal Against Eviction

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
 

Latest Legal News