The Supreme Court of India has raised concerns over the Delhi High Court’s directive requiring the removal of a Wikipedia page discussing the defamation case filed by Asian News International (ANI) against the Wikimedia Foundation.

On Monday, the apex court issued a notice on Wikimedia’s plea challenging the High Court’s order and scheduled the next hearing for April 4.

A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan questioned the basis of the Delhi High Court’s ruling, cautioning against excessive judicial sensitivity to public discussions on court proceedings.

Justice Oka observed, “To bring the best out of the lawyers, sometimes we say so many things in open court. If a comment is made on social media about something said in court, why should the court be overly sensitive? Discussing what happens in court—does that amount to interference?”

The Supreme Court expressed reservations about the High Court’s directive, particularly regarding the removal of content solely due to criticism of judicial observations.

Justice Oka noted, “We can understand if contempt is established following due procedure, and a party seeks to purge contempt by removing content. But ordering the removal of content merely because it criticizes the Court’s actions may not be appropriate.”

The dispute stems from ANI’s defamation suit against Wikimedia, alleging that edits to ANI’s Wikipedia page depicted the news agency as a "propaganda tool" for the government. ANI has sought Rs. 2 crores in damages and the removal of allegedly defamatory content. Additionally, the High Court directed Wikimedia to disclose subscriber details of three individuals who edited the ANI Wikipedia page, an order Wikimedia has contested.

During the hearing, Senior Advocate Kapil Sibal, representing Wikimedia, argued that the High Court passed its order without making a definitive finding on defamation. “It is just not possible,” he asserted, pointing out that the contested content was originally sourced from an Indian Express article rather than Wikipedia itself.

The High Court had taken issue with a Wikipedia page titled “Asian News International vs. Wikimedia Foundation,” citing certain comments as prima facie contemptuous. The court was particularly concerned with claims that a judge had threatened to shut down Wikipedia in India. Consequently, in October 2024, the High Court directed Wikipedia to remove the page and related discussions, citing concerns over interference with court proceedings.

However, the Supreme Court underscored the significance of media freedom in its observations. “Ultimately, this is the media. The question is about the freedom of the media. Today, it is he (Wikipedia), tomorrow it may be you,” the bench remarked while addressing ANI’s counsel.

The Supreme Court has now sought ANI’s response, granting it time until the end of the month to file a counter affidavit along with a verified copy of the alleged defamatory article. The matter is set for further hearing on April 4.