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According to the Wikipedia page, the News agency ANI served as a propaganda tool for the incumbent Central government , distributing materials from a vast network of fake news websites and misreporting events. ANI said that the content hat is written about ANI in Wikipedia is palpably false and defamatory.
What is Wikipedia?
Wikipedia is a free, web-based, collaborative, multilingual encyclopaedia written and maintained by a community of volunteers through open collaboration.
Jimmy Wales and Larry Sanger founded it on January 15, 2001. Wikipedia is hosted and supported by the non-profit Wikimedia Foundation.
Working of Wikipedia :
1. Open Collaboration -Wikipedia is based on the principle of open collaboration. Anyone with internet access can create and edit articles. This open editing model allows a vast number of contributors from around the world to contribute their knowledge.
2. Wiki Software - Wikipedia uses the "wiki" software called MediaWiki, which is specifically designed for collaborative editing. This software allows users to easily create, modify, and link web pages.
3. Content Creation and Editing
▪ Article Creation: Users can create new articles on any notable topic. These articles must adhere to Wikipedia's content guidelines.
▪ Editing: Any article can be edited by any user. This ensures that content is constantly updated and improved. Edits are tracked in the article’s history, allowing users to see changes and revert to previous versions if necessary.
▪ Discussion Pages: Each article has an associated discussion page where contributors can discuss improvements and resolve disputes.
4. Content Guidelines and Policies: Wikipedia has strict guidelines and policies to ensure content quality and reliability:
▪ Neutral Point of View (NPOV): Articles must be written without bias.
▪ Verifiability: All information must be verifiable and supported by reliable sources.
▪ No Original Research: Wikipedia does not publish original thought; all content must be based on published information .
5. Quality Control:
▪ Editors and Administrators: Experienced users can gain additional privileges, such as the ability to delete pages or block disruptive users.
▪ Bots: Automated bots perform repetitive tasks, like reverting vandalism and Fixing formatting errors.
▪ Peer Review: Articles go through a peer review process, where other users can review and suggest improvements.
6. Community and Governance
▪ Community: Wikipedia has a large and active community of volunteers who contribute to and maintain the site.
▪ Governance: The Wikimedia Foundation, a non-profit organisation, oversees Wikipedia. It provides the necessary infrastructure and support but does not control content Information.
Delhi High Court sent a summon to Wikipedia.
News agency ANI Media Private Limited has filed a lawsuit against Wikipedia before the Delhi High Court over an alleged defamatory description. The Delhi High Court has issued a summons to Wikipedia in a defamation case filed by ANI Media Private Limited, reported Bar and Bench. The news agency told the court that a Wikipedia page about it contained a defamatory description of ANI.
The Wikipedia page about ANI says that the news agency has been criticised for serving as a “propaganda tool” for the current Union government, according to Bar and Bench.
ANI has said that the description is defamatory and that Wikipedia did not allow the page to be edited. ANI’s petition seeks to remove this text, in addition to Rs 2 crore in damages from Wikipedia. ANI also contended that Wikipedia did not allow its page to be edited. “They have closed my [ANI’s] page for editing by anyone and can only be edited through their representatives,” the news agency’s lawyer, Sidhant Kumar, told the Court. Kumar also contended that Wikipedia is a “public utility” and cannot “behave as a private actor”, reported Live Law.
Wikipedia has yet to comment on the matter so far. In the suit against Wikipedia Foundation and its officials, ANI said that the latter allegedly published palpably false and defamatory content with the malicious intent of tarnishing the news agency's reputation and aimed to discredit its goodwill.
Laws applied in the case
▪ ANI has argued that Wikipedia is a significant social media intermediary under the meaning of Section 2(1)(w) of the Information Technology Act, 2000.
▪ A significant social media intermediary (SSMI) is a social media platform with over 5 million registered users in India.
▪ The term was introduced in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules,2021.
▪ The petitioner has also relied on Sections 79(2) and (3) of the Act, which lay down the requirements for the “safe harbour clause” to come into effect.
Safe Harbour Clause of IT Act : Section 79 deals with the safe harbour clause. It provides that intermediaries (like Wikipedia) are not liable for third-party content hosted on their platforms as long as they meet certain conditions. Key points of the safe harbour clause include:
Immunity from Liability - Intermediaries are not liable for any third-party information, data, or communication link hosted on their platform, provided they meet specific conditions.
Conditions for Immunity –
• Non-Involvement: The intermediary should not initiate the transmission, select the receiver of the transmission, or modify the information contained in the transmission.
Compliance: The intermediary must comply with the central government's due diligence requirements. This includes adhering to the Intermediary Guidelines and Digital Media Ethics Code of 2021.
Grievance Redressal Mechanism - Intermediaries must establish a grievance Redressal mechanism and appoint a resident grievance officer, chief compliance officer, and a nodal contact person. Action Upon Notice- The protection is not available if the intermediary, despite having actual knowledge or being notified by the government or its agency, fails to remove or disable access to the illegal content expeditiously.
Evidence Preservation
• The intermediary should not tamper with any evidence of the content in question.
• As per Section 79(3) of the act, the protection is void if the intermediary fails to remove or disable access to illegal content upon government notice or tampers with evidence of the content. Loss of safe harbour status
• Rule 7 of the IT Rules, 2021, further states that non-compliance with these rules results in the loss of safe harbour protection, exposing intermediaries to legal liability.
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