Supreme Court Upholds Freedom of Speech: Protects Online Discussion Rights in Wikimedia vs. ANI Case
The Supreme Court ruled that the Delhi High Court's order directing Wikimedia to remove content criticizing judicial proceedings violated freedom of speech under Article 19(1)(a). Citing precedents like Sahara India Real Estate Corp., the Court held that prior restraint on publications must meet strict tests of necessity and proportionality, and only apply if there's a "real and substantial risk" to justice. It emphasized that open criticism of court proceedings, unless scandalizing or obstructing justice, is protected. The judgment reaffirmed intermediaries' limited liability under IT Act Section 79, while cautioning courts against disproportionate takedown orders chilling free expression.
Facts Of The Case:
The case arose from a defamation suit filed by ANI Media Private Limited agains...