'Broadly Worded Injunction' : Supreme Court Sets Aside Delhi HC Order To Remove 'Defamatory' Content In Wikipedia Page About ANI

The Supreme Court on Thursday (April 17) set aside the injunction orders passed by the Delhi High Court for the removal of the "defamatory and false" content in the Wikipedia page about news agency ANI Media Pvt Ltd.

A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan observed that the High Court's direction "to remove all false, misleading and defamatory content" was "very broadly worded" and not capable of being implemented. The bench however allowed the ANI to make a fresh application before the single judge of the High Court for the grant of an injunction in respect of specific contents in the Wikipedia page

The Court passed the order in a special leave petition filed by the Wikimedia Foundation challenging the Delhi High Court's order to take down "defamatory content" about news agency ANI Media Private Limited from its Wikipedia page. The High Court passed the injunction order in the ongoing defemation suit filed by ANI against Wikimedia.

By the impugned order, the Delhi High Court division bench on April 8, 2025 partly stayed the single judge's directions, restraining enforcement of the order that directed Wikipedia to remove the protection status of the ANI page and to prevent users and administrators from publishing defamatory content.

However, it upheld the direction to take down allegedly defamatory content. It further directed that if ANI informs Wikipedia of further defamatory content via email, Wikipedia must comply with the IT Rules and remove it within 36 hours, failing which ANI can approach the Court. This has been challenged by Wikimedia.

Background

The dispute originates from a defamation suit filed by ANI against Wikipedia and its officials over allegedly defamatory content published on the Wikipedia page titled “Asian News International” regarding ANI's credibility and editorial policies.

The content on the page stated that ANI “has been criticized for having served as a propaganda tool for the incumbent central government, distributing materials from a vast network of fake news websites, and misreporting events.” ANI alleged that the content was palpably false, defamatory, and published with malicious intent to tarnish the news agency's reputation and discredit its goodwill.

ANI sought damages amounting to Rs. 2 crores and the removal of the content. Wikipedia was also directed by the court to disclose the subscriber details of three individuals who had edited ANI's Wikipedia page, an order that Wikimedia contested.

Subsequently, on November 11, 2024, the Delhi High Court closed Wikimedia's appeal against the single judge's order directing disclosure of the individuals' subscriber details after both parties entered into a consent order resolving the matter.

On April 2, 2025, Justice Subramonium Prasad of the Delhi High Court passed an order directing Wikimedia Foundation to remove the allegedly defamatory statements from ANI's Wikipedia page. The single judge granted the interim injunction sought by ANI holding that the statements were ex-facie defamatory and concluded that Wikipedia could not avoid responsibility by claiming to be a neutral intermediary.

The Court also directed removal of the protection status imposed on ANI's page and observed that the statements on the page were derived from editorials and opinion pieces but were twisted to contradict the original intent of the articles. The judge further held that Wikipedia had put ANI at a disadvantage by ensuring the content could not be edited by others.

In Wikimedia's appeal against this order, the division bench on April 8, 2025 noted that the single judge had given detailed reasoning regarding the defamatory nature of the impugned content and the legal position concerning the defamation suit. The bench held that, until the appeal is finally heard, the relief granted would be limited to the takedown order.

In a contempt case arising out of the same defamation case, the Delhi High Court also took exception to another Wikipedia page titled “Asian News International v. Wikimedia Foundation,” which referred to a judge allegedly threatening to shut down Wikipedia in India.

Wikipedia later approached the Supreme Court against the order to remove the page, and on April 9, 2025, the Supreme Court reserved its judgment, orally observing that there must first be a prima facie finding, supported by reasons, that the content amounts to contempt before any take down order can be passed.

Case no. – SLP(C) No. 10637/2025

Case Title – Wikimedia Foundation Inc v. ANI Media Private Limited and Ors. 

Citation : 2025 LiveLaw (SC) 465

Click here to read the order