Thursday, September 5, 2024

Delhi High Court seized with ANI's case against Wikimedia Foundation's Wikipedia

Asian News International (ANI), an Indian news agency offers syndicated multimedia news feed to news bureaus in India and elsewhere. It was established by Prem Prakash in 1971, it was the first agency in India to syndicate video news. It is considered the biggest television news agency in India. The ANI page on the Wikipedia of Wikimedia Foundation Inc. states:"ANI has been accused of having served as a propaganda tool for the incumbent central government, distributing materials from a vast network of fake news websites, and misreporting events on multiple occasions. In July 2024, ANI filed a lawsuit against Wikipedia in the Delhi High Court, claiming that the news agency was defamed in a description on the website." Prem Prakash was given Lifetime Achievement Award in the award ceremony graced by Gajendra Shekhawat, the Union Minister in July 2023.

In ANI Media Pvt. Ltd vs. Wikimedia Foundation Inc., Justice Navin Chawla of the Delhi High Court issued summons to Wikipedia on July 9, 2024 in the suit filed by the ANI. ANI has alleged that Wikipedia, the online encyclopaedia has allowed defamatory edits to ANI's page on its online platform. The Court's order reads: " Let the plaint be registered as a suit. Issue summons to the Defendants, to be served through all permissible modes, including through electronic mode and dasti as well, returnable on 20th August, 2024. The summons to the Defendants shall indicate that the Written Statement(s) to the plaint shall be positively filed within a period of 30 days from the date of receipt of summons. Along with the Written Statement(s), the Defendants shall also file the affidavit(s) of admission/denial of the documents of the Plaintiff, without which the Written Statement(s) shall not be taken on record." 

On August 20, 2024, the Court's order recorded that application was filed under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 for amending the plaint. The Court issued the notice. The order reads: "defendant no.1 is directed to disclose the subscriber details of defendant nos.2 to 4 to the plaintiff, through its counsel, within a period of two weeks from today. On receipt of the said information, the plaintiff shall take steps for ensuring service of summons and notice on the application on the said defendants. Written statement be filed by defendant no.1 within the prescribed period." 

On September 5, 2024, the Court reportedly issued a contempt of court notice to Wikimedia Foundation Inc. ANI has submitted that the platform has failed to comply with orders to disclose information on subscribers who made allegedly defamatory edits on ANI's Wikipedia page. In his oral observation,  Justice Chawla said: "I will impose contempt...It is not a question of Defendant No 1 [Wikimedia Foundation Inc] not being an entity in India. We will close your business transactions here. We will ask the government to block Wikipedia...Earlier also you people have taken this argument. If you don’t like India, please don’t work in India." The High Court ordered an authorised representative of Wikimedia Foundation Inc to be personally present in Court on October 25, 2024 when the matter will be heard next.

ANI sued Wikimedia Foundation Inc. for defamation. The news agency has claimed that Wikipedia allowed defamatory edits on its page which referred to ANI as a "propaganda tool" for the present government. Responding to the lawsuit, the Wikimedia Foundation said: "As a technology host, the Wikimedia Foundation generally does not add, edit or determine content published on Wikipedia. Wikipedia’s content is determined by its global community of volunteer editors (Wikimedia Community) who compile and share information on notable subjects."

 

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