The Delhi High Court on Wednesday ordered Wikipedia to take down a page on its website about the ongoing court case filed against it by Asian News International (ANI).
A Bench of Chief Justice Manmohan and Justice Tushar Rao Gedela took objection to the creation of the page titled 'Asian News International vs. Wikimedia Foundation'.
"First take down the Wiki page on this matter then we will hear," the Court said.
The Court was hearing an appeal filed by Wikipedia against an order of a single-judge directing an authorised representative of the online encyclopaedia to be personally present in Court.
The issue arose after ANI sued Wikipedia for defamation alleging that the platform allowed defamatory edits by certain users referring to the news agency as a "propaganda tool" for the present Central government.
The High Court had issued summons to Wikipedia on July 9 and ordered it to disclose information about three people who made the edits on ANI's Wikipedia page.
ANI later filed a contempt of court application before a single-judge of the High Court alleging that the order was not complied with.
Wikipedia's counsel told the Court that it has to make certain submissions regarding the order and that it took them time to appear because Wikipedia is not based in India.
However, Justice Navin Chawla on September 5 took strong objection to Wikipedia's conduct and ordered an authorised representative of Wikipedia to be personally present in Court on October 25.
Wikipedia then moved the Division Bench in appeal.
During the previous hearing, the Division Bench had taken strong objection to Wikipedia allowing a page titled 'Asian News International vs. Wikimedia Foundation' to be published in relation to the present case. It had asked the online platform to seek instructions to take down the page.
The Court also objected to Wikipedia's refusal to divulge the details of persons who had made edits to the page about ANI.
It had also said that Wikipedia would be putting its intermediary protection under the Information Technology (IT) Act at risk by taking such stand.
During the hearing today, the Court said that the safe harbour protection of Wikipedia is “gone” since it refused to divulge the details of the persons who made edits. Hence, the online encyclopedia will have to defend the suit, the Court remarked.
It also took objection to the creation of the page about the case itself.
"If someone writes something malicious about this bench, about this discussion, what will you do?" the Bench asked.
"There is a policy, it is self-regulated, it will be removed. As an intermediary, we act on court orders," Senior Advocate Akhil Sibal responded on behalf of Wikipedia.
"Simply say, you are not going to do anything about it," Justice Gedela said.
"We did not put up, it happens organically. We don’t interfere with certain matters," Sibal replied.
The Court then ordered that the page be taken down within 36 hours.
The case will be heard next on October 21.