Delhi HC refuses to stay order asking Wikipedia to remove defamatory content against ANI

The division bench was considering an appeal by Wikipedia through Wikimedia Foundation against the single-judge’s April 2 order granting interim injunction in favour of ANI.

The single judge had issued the direction while accepting ANI’s allegation that Wikipedia has ensured that the articles cannot be edited by anybody else, putting ANI at a disadvantage.

The division bench, while refusing to stay the single judge order, reasoned that Wikipedia has taken up the plea as an intermediary, and as per the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, rule 3 (1) (d), an intermediary has to take down the content if directed by a court, within 36 hours.

The bench noted that “unlike in other defamation suits, there cannot be a defence of truth” that can be taken as a plea once an entity has made a plea of being an intermediary.

The bench issued notice on the appeal and has posted the matter for further hearing later.