Wikipedia has been put on notice by the Indian government over increasing concerns of bias and inaccuracy of its user-controlled entries. Questions asked by the Information and Broadcasting Ministry have furthered the debate on whether Wikipedia needs to be classified as a “publisher” rather than an “intermediary.”
The notice comes in the wake of a legal suit filed in Delhi High Court by Asian News International (ANI), demanding the disclosure of users who edited a Wikipedia page to label ANI as a “propaganda tool” for the Indian government.
The court, in turn, questioned Wikipedia’s self-description as a “free encyclopaedia,” suggesting that its status as an “intermediary” does not exempt it from responsibility. Before Friday, Justice Subramonium Prasad further added, If Wikipedia calls itself an intermediary, it should neither restrict nor protect particular edits.
Indian Government Puts Wikipedia on Notice, Wikipedia’s Lawyer Argues
Jayant Mehta, the lawyer for Wikipedia, argued that the website provides only secondary sources of information and a disclaimer has been given to the users. The court was unsatisfied with this argument, pointing out that disclaimers might not be enough for the site to claim immunity. Justice Prasad also said it is disconcerting that an encyclopaedia labels itself but cannot assert its content.
The accusations made by the government are a point of interest coupled with judicial review to show more concern for Wikipedia’s policy in editorial control. The incident also tells about ANI’s disappointment when their editors failed to provide the news agency to clear the false information made about them as Kumar said editors refused to allow any such editing or correction in his own page with the word “cabal.” He stated that his side was unbalanced since no opinion or views about the organization were reflected on the side of positive things about news agencies.
The Indian Constitution in Article 19(1)a recognizes the right of free expression, and as a rule, freedom of speech favors the person speaking. The question of responsible content management-though rare-is paramount in an age when misinformation is being forwarded.
The court will reconvene on Wednesday to further probe this battle brewing between online content, freedom of speech, and platform responsibility.
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