Knowledge rights

• The Supreme Court of India set aside a Delhi High Court order directing the Wikimedia Foundation to remove a page on its Wikipedia Internet encyclopaedia.

• The order was based on a single judge’s interim order, which was upheld by a Division Bench.

• The High Court’s decision was criticized for overreacting to adverse comments on the take-down order.

• The order was limited to the Foundation’s appeal over the legality of the take-down order.

• The right to know is a basic right under Articles 19(1)(a) and 21, controlling people’s ability to participate in public development and access justice.

• The High Court may consider applying the right to know to the Foundation’s intermediary status under the Information Technology Act.

• The Foundation protects users against reprisals by the powerful and enhances the quality of their contributions through the platform’s democratic apparatus.

• The right to know and freedom of expression should be upheld before the Supreme Court is involved in each case.