Content Takedown Orders in India: A Threat to Free Speech and Knowledge
Background
Wikipedia is the second major tech platform to become embroiled in content takedown orders in India. (EPA Images pic)
A New Order
The operator of Wikipedia has been ordered to remove statements deemed defamatory by an Indian court from the page of a domestic news agency it hosts, the latest such directive to the popular online encyclopaedia.
The Case
The Wikimedia Foundation is the second major tech platform, following X, formerly Twitter, to become embroiled in recent years in court battles over content takedown orders in India. Last year the agency, ANI, sued Wikimedia for defamation in the Delhi high court, citing a Wikipedia description that it faced criticism for being a government “propaganda tool” and sought removal of such statements.
The Court Ruling
In an order yesterday, the court said, “The impugned statements are… defamatory and tarnish the professional reputation of” ANI, and should be removed. The foundation did not respond to a request for comment on the ruling and whether it will appeal. Reuters, which owns a 26% stake in ANI, did not respond to a request for comment. It has previously said it is not involved in ANI’s business practices or operations.
The Impact
The court will continue to hear the case, in which ANI seeks damages of about 20 million rupees and an apology from Wikimedia. The ruling “affirms the fundamental right to reputation”, a lawyer for ANI, Sidhant Kumar, told Reuters in a statement. As a result of the dispute, US-based Wikimedia has raised questions about free speech in the world’s largest democracy.
A Previous Dispute
In October, the court ordered the takedown of a Wikipedia page related to the dispute, calling it “interference in court proceedings”, prompting Wikimedia to go to the Supreme Court in January. Wikimedia said in its Supreme Court filing that “the selective and permanent takedown… creates a chilling effect on free speech, and restricts access to knowledge.”
A Similar Case
X is also challenging government orders to block some posts about Indian farmers’ protests in 2021.
Conclusion
The recent content takedown orders in India have raised concerns about the impact on free speech and access to knowledge. The Wikimedia Foundation’s decision to remove the statements deemed defamatory by the Indian court has sparked questions about the limits of free speech in the country. The case highlights the complex issues surrounding content moderation and the role of tech platforms in regulating online speech.
FAQs
- What is the case about?
- The Wikimedia Foundation has been ordered to remove statements deemed defamatory by an Indian court from the page of a domestic news agency it hosts.
- Who is involved in the case?
- The Wikimedia Foundation, ANI, and Reuters are involved in the case.
- What is the impact of the ruling?
- The ruling has raised questions about free speech in the world’s largest democracy and has sparked concerns about the impact on access to knowledge.
- What is the next step in the case?
- The court will continue to hear the case, in which ANI seeks damages of about 20 million rupees and an apology from Wikimedia.