In an era that has been plagued by the digital divide, where developed countries enjoy easy access to information, the Wikimedia Foundation and the open source movement epitomises democratization of information. Built on the canons of openness and community driven contributions, they play a pivotal role in educating the people and access to information to populace around the globe and especially the third world and global south.
We at SFLC.in working at the intersection of technology, law, and policy, have been advocating since our establishment in 2010, for digital freedoms and rights by fostering collaborative efforts among diverse stakeholders in India and beyond. We extend our unvarying solidarity with Wikimedia Foundation, emphasising the essential nature of its safe harbour protections, in the face of a defamation suit filed by the news broadcasting agency ANI before the Delhi High Court that has also alleged that the platform has lost its safe harbour protection provided under Section 79(1) of the IT Act, 2000, as it allegedly, allowed defamatory content on its Wikipedia website.
Wikipedia, one of the largest encyclopedias, prospers on the contribution made voluntarily by over 2.8 lac active users across the globe and there are over ten million registered users with the platform. These editors strive to provide information on vast amounts of issues while ensuring that the community driven model of information sharing is democratised.
The principle of safe harbour is of utmost importance for intermediaries like Wikipedia that hosts the user generated content provided they comply with specific legal requirements. Without the safe harbour protection, intermediaries including open source communities like Wikipedia would be forced inter alia to self censorship, crippling of free speech, hampering the exchange of free information, and potential financial and legal risks.
The defamation suit by ANI is an attempt to stifle innovation and discourage participation, eroding the foundational principles of openness and free access to information.
We at SFLC.in extend our unwavering support to the Wikimedia foundation and stand firmly against any efforts to undermine safe harbour protections, recognizing that such actions pose a significant threat to the free and open knowledge.
Date: 11.07.24
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