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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

WikipediaThe bench issued notice on the appeal and has posted the matter for further hearing later (Archive)

A division bench of the Delhi High Court on Tuesday refused to stay a single judge’s order directing Wikipedia to take down the alleged defamatory content against ANI on the Wikipedia page of the news agency.

The division bench of Justices Prathiba Singh and Rajneesh Kumar Gupta, however, stayed a part of the single judge’s order directing Wikipedia to remove the protection status granted to the administrators of the Wikipedia page of 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.

Sohini Ghosh is a Senior Correspondent at The Indian Express. Previously based in Ahmedabad covering Gujarat, she recently moved to the New Delhi bureau, where she primarily covers legal developments at the Delhi High Court Professional Profile Background: An alumna of the Asian College of Journalism (ACJ), she previously worked with ET NOW before joining The Indian Express. Core Beats: Her reporting is currently centered on the Delhi High Court, with a focus on high-profile constitutional disputes, disputes over intellectual property, criminal and civil cases, issues of human rights and regulatory law (especially in the areas of technology and healthcare). Earlier Specialty: In Gujarat, she was known for her rigorous coverage in the beats of crime, law and policy, and social justice issues, including the 2002 riot cases, 2008 serial bomb blast case, 2016 flogging of Dalits in Una, among others. She has extensively covered health in the state, including being part of the team that revealed the segregation of wards at the state’s largest government hospital on lines of faith in April 2020. With Ahmedabad being a UNESCO heritage city, she has widely covered urban development and heritage issues, including the redevelopment of the Sabarmati Ashram Recent Notable Articles (Late 2025) Her recent reporting from the Delhi High Court covers major political, constitutional, corporate, and public-interest legal battles: High-Profile Case Coverage She has extensively covered the various legal battles - including for compensation under the aegis of North East Delhi Riots Claims Commission - pertaining to the 2020 northeast Delhi riots, as well as 1984 anti-Sikh riots. She has also led coverage at the intersection of technology and governance, and its impact on the citizenry, from, and beyond courtrooms — such as the government’s stakeholder consultations for framing AI-Deepfake policy. Signature Style Sohini is recognized for her sustained reporting from courtrooms and beyond. She specialises in breaking down dense legal arguments to make legalese accessible for readers. Her transition from Gujarat to Delhi has seen her expand her coverage on regulatory, corporate and intellectual property law, while maintaining a strong commitment to human rights and lacuna in the criminal justice system. X (Twitter): @thanda_ghosh ... Read More

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