The SC clarifies that courts cannot order media to remove or delete content.

• The Supreme Court ruled that courts should not instruct media to delete or remove content.

• The ruling came in response to a Delhi High Court order directing the removal of online content related to a defamation case between Asian News International (ANI) and Wikimedia Foundation.

• The Division Bench of the High Court had given Wikimedia 36 hours to remove a page on ANI hosted on its platform.

• Justice Bhuyan, authored the apex court judgment, found the direction to remove the content “disproportionate.”

• The court emphasized that courts should not regulate or stifle freedom of speech and expression.

• The judgment stressed the importance of introspection and robust debate for the improvement of institutions, including the judiciary.

• The court also stated that courts can order preventive injunctions against the press only if there is reasonable ground to believe that publication would impair the administration of justice or the right to fair trial.

• The court also stated that courts can order the postponement of an article only when necessary to prevent real and substantial risk to the fairness of court proceedings.