SC Suggests Courts Not to Pass ‘Gag Orders’ Against Media Organizations

In a crucial observation, the Supreme Court on Monday (March 17) stated that courts should not issue gag orders against media organizations while emphasizing that fair criticism of a judicial order cannot be construed as contempt of court.

ANI vs. Wikipedia Case

The bench making these observations comprised Justices Abhay S. Oka and Ujjal Bhuyan. These remarks were made while the bench expressed concerns over a Delhi High Court directive, which ordered Wikipedia to remove a page within 36 hours in connection with a pending defamation suit of ₹2 crore filed by news agency Asian News International (ANI) against the platform, according to media reports.

“Why should courts be touchy about some comments made against their orders on social media?” the bench remarked. The court noted the irony of ANI, itself a media entity, seeking a gag order against another platform that disseminates information.

The bench also questioned the Delhi High Court’s order from October last year, which stated that criticism of a judicial order by Wikipedia amounted to “interference in court proceedings.”

“Sometimes, someone says that you are sitting here with a preconceived mind or that you are not giving a proper hearing. People say things, and we have to tolerate it,” the court observed.

The Supreme Court intervened in the case after Wikipedia challenged the Delhi High Court’s order.

“Courts can’t pass gag orders. Someone may be proceeded against under a criminal contempt action, a notice will be issued, and the other side can opt to purge the contempt. But to tell someone to remove something just because there is some criticism of what the court has said or done is not okay,” the bench stated.

Courts Should Adjudicate on Legal Principles Rather Than Taking Offense

The court emphasized that judges are frequently the subject of public scrutiny and critical remarks. Instead of taking offense, courts must adjudicate based on legal principles.

“So much is said about us even as we are judges. Someone says we are prejudiced. That’s their opinion, but we decide based on the law,” the bench remarked.

In its defamation suit, ANI sought to restrain Wikipedia from publishing allegedly defamatory content about the news agency and requested the removal of such content. ANI also sought ₹2 crore in damages from Wikipedia.

The Wikipedia page in question states: “ANI has been criticized for having served as a propaganda tool for the incumbent central government, distributing materials from a vast network of fake news websites, and misreporting events.”

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