The Supreme Court on Thursday set aside Delhi High Court's recent orders for takedown of the alleged defamatory edits on Asian News International (ANI)'s page on Wikipedia. .The Bench of Justices Abhay S Oka and Ujjal Bhuyan granted liberty to ANI to move the single-judge of Delhi High Court again for interim relief in its suit which had alleged that Wikipedia was allowing anonymous users to make defamatory statements about on it on its platform. The top court was hearing an appeal moved by Wikimedia Foundation (Wikipedia) against an order passed by a High Court single-judge on April 2 for takedown of the alleged defamatory statements. Wikipedia also challenged a Division Bench's April 8 decision upholding the single-judge order.The apex court today chose to set aside the High Court orders in light of the fact that they were too broadly worded and did not specify which of the statements about ANI should be removed."Such a broad interim relief is not capable of being specifically implemented. The reason is that there is no clarity on the issue on who will decide whether the contents are false, misleading and defamatory," it said..The Bench observed that an injunction should be granted in such a manner that it is capable of being implemented."Who will decide which is false, which is defamatory?," the Court asked, while highlighting a lack of clarity in single-judge's takedown order.In response, the counsel representing the ANI submitted that the statements flagged in the amended plaint may be considered.However, the Court maintained that the interim relief granted by the single-judge was too broadly worded."On first principles injunction should be granted in such a manner that it is capable to be implemented. Please see directions of Ld. single-judge. Prayer B and C. Prayer B "remove all false..." Who will decide what is false?"The Court then opined that ANI should move a fresh application before the single-judge with a prayer against specific content. "The problem is you don't pray for proper relief before the single judge. Let both the orders go. Pray for fresh interim relief. Confine yourself to specific portions that they have put on their website," it told the counsel representing ANI. .Considering the observations, the counsel representing the ANI submitted that they would have no objection if the orders passed by the High Court are set aside with the liberty to approach the single-judge again.The Court then passed the following order."Accordingly, we set aside the impugned orders and grant liberty to make a fresh application before the Ld. Single judge for grant of appropriate interim injunction in respect of specific contents appearing at the site of the respondent. If such application is made, it will be it considered on merits without being influenced by this order of the Court.".Pertinently, the top court had earlier reserved its decision on another appeal moved by Wikipedia against a Delhi High Court order for takedown of the page on its website about the 'Asian News International vs. Wikimedia Foundation' case itself.The order for takedown of the entire page was also passed in relation to ANI's suit alleging that Wikimedia Foundation allowed Wikipedia users to refer to the news agency as a "propaganda tool" for the present Central government.The High Court issued summons to Wikipedia on July 9, 2024 and ordered it to disclose information about three people who made the edits on ANI's Wikipedia page. The order was resisted by Wikipedia, which itself chose to serve notices on these users instead of disclosing their identity in public..Senior Advocates Kapil Sibal and Akhil Sibal appeared for Wikipedia.ANI was represented by advocate Sidhant Kumar..[Read Order]
