Jump to content

Asian News International vs. Wikimedia Foundation

Add links
From Wikipedia, the free encyclopedia

Asian News International vs. Wikimedia Foundation
Emblem of India
CourtDelhi High Court
Full case name ANI Media Pvt. Ltd. v Wikimedia Foundation Inc & Ors.[1]
Court membership
Judge sittingNavin Chawla
Keywords

Asian News International vs. Wikimedia Foundation (CS(OS) 524/2024) is an ongoing civil defamation case in India.

ANI Media Private Limited, the parent company of news agency Asian News International (ANI), filed a ₹2 crore (approximately US$240,000) defamation suit against the Wikimedia Foundation (WMF) over the description of ANI in the English Wikipedia article about the news agency.

The judge in the case has threatened to order the government of India to shut down Wikipedia in the country. Critics have characterized the judge's order that the WMF release the identities of the editors who made the edits as censorship and a threat to the flow of information.[2][3]

Background

[edit]

Wikimedia Foundation and Wikipedia

[edit]

The Wikimedia Foundation (WMF) is the non-profit organization that supports Wikipedia, in multiple languages, and multiple other similar projects.[4] Each project is independent and largely self-governed; the WMF exerts limited authority over any project, and typically remains uninvolved with content policy.[5][6] "Wikipedia in India" refers to Wikipedia's media about India, the editors who develop that media, and the readers who consume it.[7]

Wikipedia is created and maintained completely by volunteer "editors", its term for anyone who makes as much a single typo correction on an article. Hundreds of thousands of such editors exist worldwide, and most can make changes to most articles on the website. A smaller number of editors make enough edits that they are allowed to edit nearly any article.[4] Editors are pseudonymous, except those who voluntarily disclose their identities.[6]

Wikipedia articles generally are protected if the article is experiencing a high level of vandalism or an edit war, a series of back-and-forth reversions between two or more versions by two or more editors. Sometimes articles are protected because edits are being made by multiple editors with a conflict of interest, such as employees of an organization that is the subject of an article.[6] In 2020 the article about news agency Asian News International was edited to include content from new sources discussing the agency's record, and an edit war ensued – involving new editors making the same changes to remove the new additions – and the article was eventually protected.[8][6]

Defamation in India

[edit]

In India, a defamation case can be filed under either criminal law or civil law, or both.[9] According to the Constitution of India, the fundamental right to free speech (Article 19) is subject to "reasonable restrictions".[10]

Safe Harbor in India

[edit]

The Safe Harbor clause of Information and Technology Act, 2000, comparable to Section 230 of Communications Act of 1934 in the United States, exempts online platforms from any legal liability for third-party content generated by its users and hosted by the platform, subject to several conditions.[11][12]

Court case

[edit]

Suit

[edit]

The case was filed in July 2024 before Justice Navin Chawla in the Delhi High Court as ANI Media Pvt. Ltd. v Wikimedia Foundation Inc & Ors.[13][5][3][14][11] At the time of the suit's filing, the Wikipedia article about Asian News International (ANI) said the news agency had "been accused of having served as a propaganda tool for the incumbent central government, distributing materials from a vast network of fake news websites, and misreporting events on multiple occasions".[15][16][11][14]

The filing accused Wikipedia of publishing "false and defamatory content with the malicious intent of tarnishing the news agency's reputation, and aimed to discredit its goodwill".[6] It also complained that Wikipedia had "closed" the article about ANI for editing except by Wikipedia's "own editors", citing this as evidence of defamation with malicious intent and evidence that WMF was using its "officials" to "actively participate" in controlling content.[5][13][14][17][18]

ANI asked for ₹2 crore (approximately US$240,000) in damages and an injunction against Wikipedia "making, publishing, or circulating allegedly false, misleading, and defamatory content against ANI".[13][6] It also argued that Wikipedia is a significant social media "intermediary" within the definition of Information Technology Act, 2000, and must therefore comply with the requirements of the Act, including taking down any content that the government or its agencies deem violative, or be personally liable for content published under its platform.[11]

Proceedings

[edit]

Chawla issued a summons to WMF and set a hearing date of 20 August.[19][18] On 20 August, Chawla ordered WMF to disclose identifying details of three editors who had worked on the Wikipedia article about ANI – also, defendants in the lawsuit – within a fortnight so that ANI can pursue legal action against them as individuals.[15][2][20]

On 5 September, ANI asked the court to hold WMF in contempt when the identifying details were not released.[15][6] Chawla complied and threatened to order the government of India to block Wikipedia in the country, saying "We will not take it any more. If you don't like India, please don't work in India...We will close your business transactions here."[21][22][8] He further ordered that an "authorised representative" of WMF appear in person at the next hearing, which was scheduled for 25 October 2024.[15][20][23] In response, Wikimedia emphasized that the information in the article was supported by multiple reliable secondary sources.[15]

On 14 October, a different bench of the Delhi High Court – comprising justices Manmohan and Tushar Rao Gedela – objected to the creation of an English Wikipedia article about the defamation case, saying the article "disclos[ed] something about a sub-judice matter" and "will have to be taken down".[24][25][26] Later that week, the court passed an order directing all "pages on Wikipedia pertaining to the single judge [Chawla] as well as discussion of the observations of division bench [Manmohan and Gedela]" to be "taken down or deleted within 36 hours".[27][28][29] On October 18, ANI asked the court to seek contempt proceedings against the WMF, since the 36 hours deadline had not been complied with.[30]

Analysis

[edit]

According to Newslaundry, the sentence ANI objects to has "clear citations that lead to the primary source of information", including to The Caravan, The Ken, BBC News, EU DisinfoLab, Politico, and The Diplomat. Newslaundry and journalist Nikhil Pahwa pointed out that none of the media organizations used as sources were included in ANI's complaint.[6][3] According to The Indian Express, the lawsuit is an attempt to hold WMF liable for edits to Wikipedia.[11]

Software Freedom Law Center, India, a member-affiliate of the International Freedom of Expression Exchange, found the suit to be an attempt at stifling free speech.[12] Nishant Shah, professor of Global Media at the Chinese University of Hong Kong and faculty associate at Harvard's Berkman Klein Center for Internet & Society, wrote that Chawla's decision to order the release of personally-identifying information was "a challenge to freedom of speech and information" and would result in the censorship of "any form of critical information that powerful organisations do not like".[2] Pahwa called it censorship that threatened to "stifle the flow of information and knowledge".[3]

See also

[edit]

References

[edit]
  1. ^ "CS(OS) 524/2024". Delhi High Court. Retrieved 12 October 2024.
  2. ^ a b c Shah, Nishant (17 September 2024). "Why the case against Wikipedia in India is a challenge to freedom of speech and information". The Indian Express. Archived from the original on 19 September 2024. Retrieved 10 October 2024.
  3. ^ a b c d Lobo, Simone (10 October 2024). "ANI case: How Delhi HC's Wikipedia ban threat affects India". MediaNama. Archived from the original on 19 September 2024. Retrieved 10 October 2024.
  4. ^ a b Hafner, Katie (17 June 2006). "Growing Wikipedia Refines Its 'Anyone Can Edit' Policy". The New York Times. Archived from the original on 12 December 2022. Retrieved 5 December 2016.
  5. ^ a b c "Delhi HC Issues Notice To Wikipedia After ANI's Plea". Outlook India. 9 July 2024. Archived from the original on 14 September 2024. Retrieved 10 October 2024.
  6. ^ a b c d e f g h Explained: What's ANI vs Wikipedia legal battle all about?. Newslaundry. 18 September 2024 – via YouTube.
  7. ^ Gautam, John (2011). "Wikipedia in India: Past, Present, Future". In Lovink, Geert; Tkacz, Nathaniel (eds.). Critical point of view : a Wikipedia reader. Institute of Network Cultures. pp. 283–287. ISBN 978-90-78146-13-1.
  8. ^ a b Deep, Aroon (10 September 2024). "On ANI's defamation suit against Wikipedia | Explained". The Hindu. ISSN 0971-751X. Retrieved 10 October 2024.
  9. ^ Swamy, Subramanian (21 September 2004). "Defamation litigation: a survivor's kit". The Hindu. Archived from the original on 22 July 2013. Retrieved 28 November 2013.
  10. ^ Vishwanath, Apurva (9 November 2022). "First amendment to Constitution challenged: What happened in SC in 1950 that provoked Nehru to amend Article 19(2)?". The Indian Express. Retrieved 18 October 2024.
  11. ^ a b c d e Khan, Khadija (10 July 2024). "Why has ANI slapped a defamation case against Wikipedia?". The Indian Express. Retrieved 10 October 2024.
  12. ^ a b "Explained: 'Safe Harbour' Clause And Why Government Wants It Gone". NDTV. 10 March 2023. Retrieved 17 October 2024.
  13. ^ a b c Thapliyal, Nupur (9 July 2024). "ANI Files Rs 2 Crore Defamation Suit Against Wikipedia Before Delhi High Court, Summons Issued". LiveLaw. Retrieved 10 October 2024.
  14. ^ a b c Parasnis, Sharveya (10 July 2024). "ANI Sues Wikipedia for Defamation, Demands INR 2 Crore". MediaNama. Retrieved 10 October 2024.
  15. ^ a b c d e "Delhi High Court cautions Wikipedia for non-compliance of order". The Hindu. 5 September 2024. ISSN 0971-751X. Retrieved 10 October 2024.
  16. ^ Deep, Aroon (12 July 2024). "Content determined by volunteer editors, says Wikipedia parent". The Hindu. ISSN 0971-751X. Archived from the original on 23 September 2024. Retrieved 10 October 2024.
  17. ^ Singh, Abhinav (5 September 2024). "'Please don't work in India if...': Indian court reprimands Wikipedia for not obeying orders". WION. Retrieved 10 October 2024.
  18. ^ a b "News agency ANI files Rs 2 crore defamation suit against Wikipedia in Delhi High Court". Deccan Herald. 9 July 2024. Archived from the original on 6 September 2024. Retrieved 10 October 2024.
  19. ^ "ANI files defamation suit against Wikipedia, seeks Rs 2 cr in damages". The Siasat Daily. 9 July 2024. Retrieved 10 October 2024.
  20. ^ a b "Delhi HC issues contempt notice to Wikipedia, warns of blocking website in country". The Economic Times. 6 September 2024. ISSN 0013-0389. Retrieved 10 October 2024.
  21. ^ Krishna, Yadav (5 September 2024). "Delhi HC warns Wikipedia over ANI defamation case, issues contempt notice". Mint. Archived from the original on 27 September 2024. Retrieved 17 October 2024.
  22. ^ "ANI vs Wikipedia: The free encyclopedia's impact on India and more". The Hindu. 12 September 2024. ISSN 0971-751X. Retrieved 10 October 2024.
  23. ^ Jha, Prashant (5 September 2024). ""Will ask government to block you": Delhi High Court issues contempt of court notice to Wikipedia". Bar and Bench. Retrieved 10 October 2024.
  24. ^ Srivastava, Bhavini (14 October 2024). "Delhi High Court slams Wikipedia for refusal to divulge identity of those who edited ANI's page". Bar and Bench. Retrieved 14 October 2024.
  25. ^ Thapliyal, Nupur (14 October 2024). "Delhi High Court Takes Exception To Wikipedia Page On Pending Defamation Suit By ANI, Says Majesty Of Court Is Over And Above Anyone". LiveLaw. Retrieved 14 October 2024.
  26. ^ "'Extremely disturbing': Delhi HC on Wikipedia's refusal to identify ANI page editors". Scroll.in. 14 October 2024. Retrieved 14 October 2024.
  27. ^ Thapliyal, Nupur (16 October 2024). "'Prima Facie Contemptuous': Delhi High Court Orders Take Down Of Wikipedia Page On Pending Defamation Suit By ANI". LiveLaw. Retrieved 16 October 2024.
  28. ^ "ANI vs Wikipedia defamation case: Delhi High Court orders Wikimedia to take down ANI page within 36 hours". The Hindu. 16 October 2024. Retrieved 16 October 2024.
  29. ^ Srivastava, Bhavini (16 October 2024). "Delhi High Court orders Wikipedia to take down page on ongoing case filed by ANI". Bar and Bench. Retrieved 17 October 2024.
  30. ^ Kakkar, Shruti (18 October 2024). "ANI asks HC to initate contempt case against Wikipedia, says 36 hr deadline over". Hindustan Times. Retrieved 18 October 2024.
[edit]
Retrieved from "https://wiki.riteme.site/w/index.php?title=Asian_News_International_vs._Wikimedia_Foundation&oldid=1251903825"