In a recent legal battle, the Asian News International (ANI) has taken on Wikipedia, alleging that the online encyclopaedia allowed defamatory content on ANI’s wiki page.
ANI, a prominent news agency, has filed a defamation suit against Wikipedia, seeking damages of Rs. 2 crore. The contentious content on ANI’s page claims that the agency serves as a “propaganda tool” for the incumbent central government and distributes materials from fake news websites while misreporting events.
ANI contends that the “false and misleading content” on Wikipedia raises doubts about its credibility as a news agency. The editing history of the page reveals deliberate reversals of factual edits, harming ANI’s reputation.
Advocate Sidhanth Kumar appearing for ANI told court that the content mentioned in the description is defamatory. He said that Wikipedia, which is an intermediary, is a platform which is now used as a public utility and cannot behave as a private actor.
Wikipedia, founded in 2001, operates as a collaborative, open-source platform where users contribute content. While individual editors may have made the controversial edits, ANI’s suit targets Wikipedia as an intermediary, aiming to enforce accountability.
ANI invokes the Information Technology Act, 2000, arguing that Wikipedia qualifies as a significant social media intermediary. Sections 79(2) and (3) of the Act, which define the “safe harbor clause,” come into play. This clause shields intermediaries from liability for third-party content if they don’t initiate or modify transmissions.
Justice Navin Chawla of the Delhi High Court has issued summons to Wikipedia, setting the stage for a legal showdown. The case is scheduled for further hearing on August 20.
In this clash between reputation and responsibility, ANI seeks justice, while Wikipedia faces scrutiny over its role as an information platform. The outcome will shape the landscape of online accountability and the boundaries of free expression.
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