'Why so touchy?' Supreme Court slams Delhi HC for Wikipedia takedown order

The Supreme Court questioned why the Delhi High Court ordered Wikipedia to take down a page, saying courts shouldn't be so sensitive to non-contemptuous criticism

The Supreme Court on Friday came down heavily on the Delhi High Court for ordering the removal of a Wikipedia page detailing a defamation case filed by Asian News International (ANI) against the Wikimedia Foundation, reported Bar and Bench.

 

Hearing Wikimedia’s appeal against the takedown order, a bench of Justice Abhay S Oka and Justice Ujjal Bhuyan questioned why the high court had reacted so strongly to criticism, saying courts must not be “so touchy”.

 

“Everyday in the media we find severe criticism of the court. Unless it is contempt, how can the court be so touchy? In a lighter vein, this criticism is nothing. Why is the court being so touchy? Such criticism will be read and forgotten in a few days,” the SC bench said.

 

 

The judges also asked how such takedown orders could be passed, suggesting that judicial criticism — unless amounting to contempt — does not justify censorship.

 

“We can understand if action for contempt is taken. How can there be direction to take down the page? How can such an order be passed? I assume that there is some criticism by the court. We can order to take it down if they find there is contempt. Otherwise, how can you take it down?” the bench mentioned.

 

What’s the case about? 

The dispute began when ANI sued Wikipedia in the Delhi High Court, claiming that edits made by certain users on its Wikipedia page were defamatory. These edits allegedly described the news agency as a “propaganda tool” for the Indian government.

 

The high court took note of ANI’s complaint and issued summons to Wikipedia on July 9, 2024. It also ordered the platform to share details of the users who made the edits. When Wikipedia failed to comply fully, ANI filed a contempt application.

 

The matter escalated when a separate Wikipedia page titled “Asian News International vs Wikimedia Foundation” was created, documenting details of the case and quoting remarks made by the high court during hearings.

 

The high court objected to the existence of this page, saying it could amount to contempt of court, and passed an interim order in October 2024 directing Wikipedia to take it down. Wikipedia challenged this order, calling it a threat to free speech and transparency, and approached the Supreme Court.

 

Free speech vs defamation 

During Friday’s hearing, the Supreme Court made it clear that criticism, even of the judiciary, should not be stifled unless it crosses the legal line into contempt. 

The top court allowed ANI time to file a response and will take up the case again later this month.