WIKIMEDIA FOUNDATION INC. versus ANI MEDIA PRIVATE LIMITED & ORS.

WIKIMEDIA FOUNDATION INC. versus ANI MEDIA PRIVATE LIMITED & ORS.

The Division Benchs prima facie direction to the appellant to take down/delete the pages and discussions was disproportionate and unsustainable: given the strong constitutional value of open justice and freedom of speech, and the principles requiring necessity and proportionality before ordering postponement or...

Source-derived case information.

Parties
Appellant: Wikimedia Foundation Inc.; Respondent: ANI Media Private Limited & Ors.
Jurisdiction
India
Judgment Date
09 May 2025
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Sub Judice Principle, Interference in Court Proceedings, Preventive Injunction, Postponement Order, Intermediary Liability (raised), Open Justice, Freedom of the Press
Constitutional Law Civil Procedure Contempt of Court Information Technology Law Freedom of Speech and Expression Sub Judice Principle Interference in Court Proceedings Preventive Injunction +4 more

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Summary, issues, holding and outcome

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Parties

Wikimedia Foundation Inc.

Appellant

ANI Media Private Limited & Ors.

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Legality and propriety of the Division Benchs direction to the appellant to take down/delete pages and discussions on its platform
  2. 2 Whether the impugned directions violated Articles 19(1)(a) and 21 rights including right to know and open justice
  3. 3 Whether the publications on the appellants platform constituted interference in court proceedings, violation of the sub judice principle or contempt of court

Ratio Decidendi

The Division Benchs prima facie direction to the appellant to take down/delete the pages and discussions was disproportionate and unsustainable: given the strong constitutional value of open justice and freedom of speech, and the principles requiring necessity and proportionality before ordering postponement or preventive removal, the impugned directions in paragraph 5 of the High Court order dated 16.10.2024 are set aside.

Court Disposition

Appeal allowed

Orders

  • Paragraph 5 of the impugned order dated 16.10.2024 set aside
  • No order as to costs