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The Indian Supreme Court on Friday overturned a lower court’s order directing the Wikimedia Foundation to remove a page detailing a defamation lawsuit filed by Indian news agency Asian News International (ANI), upholding the fundamental right to free speech under Article 19 of the Indian Constitution and public scrutiny.
A Supreme Court bench comprising Justice Abhay S Oka and Justice Ujja Bhuyna ruled against the Delhi High Court’s takedown directives, deeming them to be “disproportionate” and stressing that “[c]ourts, as a public and open institution, must always remain open to public observations, debates and criticisms.”
The Supreme Court said it set aside the Delhi High Court’s order because it failed to satisfy the “twin test of necessity and proportionality.” The court stated: “Such an order should be subject to the twin test of necessity and proportionality to be applied only in cases where there is real and substantial risk of prejudice to the proper administration of justice, or to the fairness of the trial.”
The court also cited from a nine-judge bench in Naresh Shridhar Mirajkar v. State of Maharashtra, affirming that a “[t]rial held subject to the public scrutiny and gaze naturally acts as a check against judicial vagaries, and serves as a powerful instrument for creating confidence of the public in the fairness, objectivity and impartiality of the administration of justice.”
The dispute arose after ANI sued Wikimedia in 2024, alleging defamation over a Wikipedia entry describing the agency as a mere “propaganda tool” for the Central Government of India. The Delhi High Court later ordered Wikimedia to take down the page that was alleged in the lawsuit, and the court further exclaimed that any discussion on the court’s observation would amount to contempt of court.
Wikimedia appealed the lower court’s decision, arguing that the Delhi High Court’s order would impose a “chilling effect on free speech.” The apex court agreed, stating that “n a liberal democracy, judiciary and media must support each other.”
The post India Supreme Court reverses takedown order against Wikimedia on free speech grounds appeared first on JURIST - News.
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A Supreme Court bench comprising Justice Abhay S Oka and Justice Ujja Bhuyna ruled against the Delhi High Court’s takedown directives, deeming them to be “disproportionate” and stressing that “[c]ourts, as a public and open institution, must always remain open to public observations, debates and criticisms.”
The Supreme Court said it set aside the Delhi High Court’s order because it failed to satisfy the “twin test of necessity and proportionality.” The court stated: “Such an order should be subject to the twin test of necessity and proportionality to be applied only in cases where there is real and substantial risk of prejudice to the proper administration of justice, or to the fairness of the trial.”
The court also cited from a nine-judge bench in Naresh Shridhar Mirajkar v. State of Maharashtra, affirming that a “[t]rial held subject to the public scrutiny and gaze naturally acts as a check against judicial vagaries, and serves as a powerful instrument for creating confidence of the public in the fairness, objectivity and impartiality of the administration of justice.”
The dispute arose after ANI sued Wikimedia in 2024, alleging defamation over a Wikipedia entry describing the agency as a mere “propaganda tool” for the Central Government of India. The Delhi High Court later ordered Wikimedia to take down the page that was alleged in the lawsuit, and the court further exclaimed that any discussion on the court’s observation would amount to contempt of court.
Wikimedia appealed the lower court’s decision, arguing that the Delhi High Court’s order would impose a “chilling effect on free speech.” The apex court agreed, stating that “n a liberal democracy, judiciary and media must support each other.”
The post India Supreme Court reverses takedown order against Wikimedia on free speech grounds appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.