Supreme Court Order on Wikimedia Case

The Supreme Court of India, on May 9, 2025, overturned a Delhi High Court order which directed the Wikimedia Foundation to remove a page on Wikipedia. This decision is significant for several reasons.

Background

• In October 2024, a single judge from the Delhi High Court issued an interim order for Wikipedia to take down a page after users created content detailing a defamation case, with some comments seen as contemptuous of the court.
• A Division Bench upheld this interim order before the Wikimedia Foundation appealed to the Supreme Court.

Supreme Court Observations

• Justices Abhay S. Oka and Ujjal Bhuyan noted the importance of public debate on significant issues, even when they are under judicial consideration.
• The Court highlighted the overreaction of the High Court to adverse comments and emphasized the need for public and press debate.
• The order reiterated the fundamental right to know under Articles 19(1)(a) and 21, suggesting that this perspective was overlooked by the High Court.

Intermediary Status and Right to Know

• The ongoing suit by ANI might lead the High Court to consider the right to know regarding the Foundation’s status under the Information Technology Act.
• Wikimedia Foundation's role: It provides technical infrastructure, while users create content under guidelines that ensure information is sourced, not invented.
• The Foundation supports users' right to know, protecting them from powerful entities and enhancing contribution quality.

Implications for Freedom of Expression

• The Supreme Court emphasized the importance of upholding the right to know and freedom of expression prior to judicial intervention.
• Quoting former Chief Justice of India D.Y. Chandrachud referencing Jeremy Bentham, the Court highlighted that public scrutiny of court proceedings is essential for judicial accountability.