The Supreme Court of India overturned a Delhi High Court order that had asked the Wikimedia Foundation to take down a Wikipedia page related to a defamation case.
The Delhi High Court felt Wikipedia users had shown contempt by creating a page about the case and commenting on the judge’s earlier order.
The Supreme Court ruled that open debate and criticism, even on sub judice (ongoing) matters, are part of public rights and democratic discussion.
The judgment emphasized the "right to know" under Articles 19(1)(a) and 21 of the Constitution, linking it to access to justice and public awareness.
The Court stated that the High Court had overreacted and that criticizing court orders does not automatically count as contempt.
The Wikimedia Foundation only provides infrastructure; Wikipedia content is created and maintained by independent users, following set guidelines.
The case highlights the importance of protecting platforms that support freedom of expression and user participation in public discourse.
The Supreme Court stressed that free access to information and transparency, especially in legal matters, is essential for a healthy democracy.
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