Wikimedia vs ANI case: Judge can't order removal of content because he did not like it: Supreme Court on Delhi HC's order

New Delhi: The Supreme Court has reserved its judgment on a plea filed by the Wikimedia Foundation against a Delhi High Court order directing the takedown of a Wikipedia page titled "Asian News International v Wikimedia Foundation", observing a judge cant direct removal of a content because he does not like.

"We are not saying that the court is powerless to direct that some content should be removed. But there has to be first a prima facie finding recorded with reasons that what is published is contemptuous. So condition precedent is a prima facie finding giving reasons why it amounts to contempt,” a bench of Justices Abhay S Oka and Ujjal Bhuyan said.

Senior Advocate Kapil Sibal, appearing for Wikimedia, submitted that the information on the Wikipedia page was not original to the platform but was sourced from other media outlets.

He said one can’t say there should be no discussion. We have an open justice system; this has a chilling effect,” the counsel said.

The court also felt simply finding content objectionable is not enough to justify its removal.