defamation: Delhi HC issues contempt notice to Wikipedia, warns of blocking website in country

The Delhi High Court on Thursday warned open-source platform Wikipedia that it would block the website in India if it does not comply with the country’s laws. It also issued a contempt of court notice, reported TOI.

The court took a strong view of the website’s failure to provide details on subscribers who edited the page of news agency Asian News International (ANI) as per a previous order. The agency had filed a defamation suit against Wikipedia. It accused the website of allowing defamatory edits referring to the news agency as a “propaganda tool” for the government.

Don’t like India, please don’t work here: High Court to Wikipedia

“I will impose contempt… It is not a question of Defendant No 1 [Wikipedia] not being an entity in India. We will close your business transactions here. We will ask the government to block Wikipedia… Earlier also you people have taken this argument. If you don’t like India, please don’t work in India,” the judge told Wikipedia’s counsel after it did not disclose details of three subscriber accounts who made the edit on ANI’s page.
The warning came when the counsel representing Wikipedia argued that the company is not based in India and sought time to make further submissions, failing to follow the court’s earlier order.

While issuing a contempt notice on the plea filed by ANI, the HC directed Wikipedia to ensure its authorised representative to be present in person on October 25, the next date of hearing.

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The news agency, in its petition, has sought to restrain the online portal from allowing allegedly defamatory edited content to remain on the page and also sought its removal. It also demanded Rs 2 crore as damages.

ANI alleges that the content in the description is defamatory and Wikipedia, an intermediary, is a platform used as a public utility and as such cannot behave as a private sector firm.

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