Freedom of Speech – Defamation, Sedition, etc.

On ANI’s defamation suit against Wikipedia

Note4Students

From UPSC perspective, the following things are important :

Mains level: Cause of fack information;

Why in the News?

The news agency ANI filed a defamation lawsuit against the Wikimedia Foundation, over a description on the site that portrayed the agency as a promoter of government propaganda.

Why has the news agency ANI filed a lawsuit against the Wikimedia Foundation?

  • ANI has filed a defamation lawsuit against the Wikimedia Foundation over the description of the agency on Wikipedia. The page accused ANI of being a “propaganda tool” for the Indian government, citing sources like The Diplomat, EU DisinfoLab, and The Caravan magazine.
  • ANI claims that these descriptions are defamatory and is seeking ₹2 crore in damages from the Wikimedia Foundation.
  • Wikipedia’s policies emphasize neutrality and reliable sourcing, though it’s often accused of liberal bias. OpIndia claims the site propagates liberal “propaganda” and has criticised the site’s description of the riots for allegedly downplaying attacks by Muslim rioters.
  • Wikipedia has faced government criticism for vandalism, such as on Arshdeep Singh’s page. It lacks a blocking procedure under Indian law, unlike social media platforms.

What has the Delhi High Court asked the Foundation to reveal?

  • The Delhi High Court ordered the Wikimedia Foundation to provide details about the users who edited ANI’s Wikipedia page. Specifically, the court asks for information about three users involved in the contentious edits.
  • The suit invokes provisions of the Information Technology Act, particularly Section 79, which outlines the responsibilities of intermediaries like Wikipedia.
    • Section 79 provides a framework for the exemption from liability for intermediaries in India regarding third-party content.
  • Justice Navin Chawla has issued a notice to Wikipedia and scheduled the next hearing for August 20, 2024. The court has acknowledged the right of Wikipedia to express opinions but will examine whether the claims made about ANI are backed by facts.

Will Wikipedia be blocked in India?

  • During the case hearing, the Delhi High Court judge verbally threatened to order the Indian government to block Wikipedia if the Wikimedia Foundation did not comply with its request for user information.
  • Although Wikipedia has faced censorship in countries like China and partial censorship in Russia, it has not yet been blocked in India. However, the current legal proceedings could lead to a similar action if compliance is not met.

Conclusion: The Indian government should ensure that any legal actions respect user privacy rights while compelling platforms like Wikimedia to cooperate with legitimate legal requests for information, balancing transparency with data protection laws.

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