Supreme Court Judgment on Media Content Takedown

The Supreme Court, on May 9, 2025, ruled that courts should not instruct the media to delete or take down content. This judgment was delivered by a Bench of Justices A.S. Oka and Ujjal Bhuyan.

Case Background

• The case involved a Delhi High Court order that directed the removal of online content related to a defamation case between Asian News International (ANI) and Wikimedia Foundation.
• A Division Bench had given Wikimedia 36 hours to remove pages it hosted, citing potential contempt and interference with court proceedings.

Key Judgment Points

• Justice Bhuyan considered the takedown order “disproportionate” and set it aside, affirming that such directives should not be issued.
• The court emphasized that the judiciary should not stifle freedom of speech and expression, highlighting the importance of media and judiciary as pillars of democracy.

Freedom of Speech and Criticism

• Justice Bhuyan stressed the need for introspection and robust debate for institutional improvement, including the judiciary.
• He noted that media can discuss ongoing proceedings, provided criticism is objective and constructive.

Contempt and Injunctions

• A publication may be contemptuous if it scandalizes the court or its judges.
• Preventive injunctions on the press should only be considered when there's a reasonable belief that publication would impair justice or a fair trial, with imminent and real danger.

Postponement Orders

• Such orders should be used only to prevent substantial risks to fair proceedings and must pass tests of necessity and proportionality.
• They should be temporary and not alter the content, with the media having the right to challenge these orders in higher courts.

Justice Bhuyan concluded by emphasizing the balancing nature of postponement orders, which aim to reconcile the interests of freedom of expression and a fair trial.