India Supreme Court Overturns Wikimedia Takedown Order, Upholds Free Speech

The Indian Supreme Court on Friday reversed a Delhi High Court order directing the Wikimedia Foundation to remove a page detailing a defamation lawsuit filed by Asian News International (ANI), Jurist News reported.

The Supreme Court bench of Justices Abhay S Oka and Ujja Bhuyna ruled the takedown order “disproportionate” and emphasized the fundamental right to free speech under Article 19 of the Indian Constitution.

The court held that restrictions on speech must pass the “twin test of necessity and proportionality,” applicable only when there is a real risk of prejudice to justice or trial fairness.

The dispute began after ANI sued Wikimedia in 2024, alleging defamation over a Wikipedia entry calling ANI a “propaganda tool” for the government. The Supreme Court agreed with Wikimedia that the lower court’s order would chill free speech and affirmed that judiciary and media must mutually support each other in a liberal democracy.