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Litigation involving the Wikimedia Foundation

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The Wikimedia Foundation has been involved in several lawsuits, generally regarding the content of Wikipedia. They have won some and lost others. In the United States, the Wikimedia Foundation typically wins defamation lawsuits brought against it due to protections that web platforms receive from laws like Section 230.[1][2]

This listing is not meant to be exhaustive, and only includes notable cases.

Outcomes not in favor of the Wikimedia Foundation

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In May 2011, Louis Bacon, a hedge fund manager, obtained a court order in Great Britain, where he owned property, against the Wikimedia Foundation, The Denver Post and WordPress.com to compel them to reveal the identity of persons who he claimed had anonymously defamed him on Wikipedia and the other two websites. However, legal experts said that the order was probably unenforceable in the United States.[3][4] Initially, the Foundation agreed to give the information to Bacon's solicitors,[5] but later asserted that it would cooperate only with a court order in the U.S. It said, "we do not comply with foreign subpoenas absent an immediate threat to life or limb."[3] Automattic, which owns WordPress.com, said Bacon would need a court order but agreed to remove any defamatory material from its websites.[5]

In March 2015, in Wikimedia Foundation v. NSA, the Wikimedia Foundation, along with other groups, sued the National Security Agency over its upstream mass surveillance program.[6] After further rulings in multiple courts including the District Court and Court of Appeals, the U.S. Supreme Court declined to hear the case and invoked the state secrets privilege, which ruled for the NSA, ending the litigation.[7]

In January 2019, a court in Germany ruled against the Wikimedia Foundation, prompting it to remove part of the history and the allegedly defamatory content in the German Wikipedia about professor Alex Waibel.[1][2] The Wikipedia article's content was ruled defamatory because the link supporting its claims was no longer active, a phenomenon known as link rot.[8][9]

In 2021, Portuguese businessman Caesar DePaço sued the WMF over his article, demanding removal of information he found "defamatory", as well as mention of his donation to the far right CHEGA party.[10] In September 2023, the Supreme Court of Portugal found in favour of DePaço,[11] which was reaffirmed in January 2024.[12]

In 2023, French businessman Laurent de Gourcuff engaged in litigation against the Wikimedia Foundation in order to force them to reveal the IP address of a French Wikipedia editor who added content about Gourcuff that he found defamatory.[13] The WMF refused to hand over information regarding the user, resulting in repeated fines by the court.[14][13]

Ruling in Delhi High Court requiring WMF to delete the article in question in the case brought by ANI

Ongoing litigation

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In July 2024, the Indian news agency Asian News International sued for what it deemed defamatory allegations in the English Wikipedia article about the company. The Wikipedia article about ANI said the news agency had been accused of having served as a "propaganda tool" for the incumbent Indian government.[15] The court has asked that WMF reveal the identities of the editors who conducted the controversial edits, and WMF has agreed to comply.[16][17] Asian News International vs. Wikimedia Foundation opened in Delhi High Court in August 2024[18][19] with WMF being cited for contempt of court in September and ordered back to court in October.[20] On October 21, 2024, the article page regarding the ongoing court case (though not the article about ANI itself) was blanked and access to editing blocked by the Wikimedia Foundation due to the ongoing lawsuit.[21][22] A number of authors have expressed concern about the case threatening freedom of speech in India.[23][24]

Outcomes in favor of the Wikimedia Foundation

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See also: Theodore Katsanevas § Wikipedia lawsuit

The Wikimedia Foundation ultimately prevailed in a controversy in Germany over using the full name of a deceased hacker known as Tron. On 14 December 2005, his parents obtained a temporary restraining order prohibiting the Foundation from mentioning the full name on any website under the wikipedia.org domain.[25] On 9 February 2006, the injunction against Wikimedia Deutschland was overturned.[26] The plaintiffs appealed to the Berlin state court, but were turned down in May 2006.[27]

John Seigenthaler, an American writer and journalist, contacted Wikipedia in 2005 after his article was edited to incorrectly state that he had been thought for a brief time to be involved in the assassinations of John F. Kennedy and of Bobby Kennedy. The content was present in the article for four months.[28][29] Seigenthaler called Wikipedia a "flawed and irresponsible research tool" and criticized the Communications Decency Act's protection of Wikipedia, which is why the case was dropped.[28][30]

In 2007, three French nationals sued the Wikimedia Foundation when an article on Wikipedia described them as gay activists.[31][32] A French court dismissed the defamation and privacy case, ruling that the Foundation was not legally responsible for information in Wikipedia articles.[32] The judge ruled that a 2004 French law limited the Foundation's liability, and found that the content had already been removed.[31][32] He found that the Foundation was not legally required to check the information on Wikipedia, and that "Web site hosts cannot be liable under civil law because of information stored on them if they do not in fact know of their illicit nature."[32] He did not rule on whether the information was defamatory.[31][32]

In January 2008, Barbara Bauer, a literary agent, sued the Wikimedia Foundation in New Jersey Superior Court for defamation.[33][28][34] She claimed that a Wikipedia entry branded her the "dumbest" literary agent.[28] The case was dismissed because of the protections afforded by Section 230 of the Communications Decency Act.[34]

In 2008, Professional golfer Fuzzy Zoeller, who felt that he was defamed on Wikipedia, said that he did not sue Wikipedia because he was told that his suit would not prevail, in light of Section 230.[35] He sued the Miami firm from whose computers the edits were made, but later dropped the case.[36]

FBI seal

In July 2010, the FBI sent a letter to the Wikimedia Foundation demanding that it cease and desist from using its seal on Wikipedia.[37] The FBI claimed that such practice was illegal and threatened to sue. In reply, Wikimedia counsel Michael Godwin sent a letter to the FBI claiming that Wikipedia was not in the wrong when it displayed the FBI seal on its website.[38] He defended Wikipedia's actions and refused to remove the seal.[39][needs update]

In June 2014, Yank Barry filed a defamation lawsuit against four Wikipedia editors.[40][41] He withdrew the suit in July 2014.[42][additional citation(s) needed][further explanation needed]

In 2016, Sorin Cerin sued the administrators of Romanian Wikipedia in Romanian courts, claiming "patent falsities".[43] The trial ended in 2021; the plaintiff lost the case.[44]

See also

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References

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  1. ^ a b Deep, Aroon (September 10, 2024). "On ANI's defamation suit against Wikipedia | Explained". The Hindu. ISSN 0971-751X. Retrieved November 19, 2024.
  2. ^ a b Hunt, Pete (September 23, 2024). "Will Indian Courts Tame Wikipedia?". The Diplomat. Retrieved November 19, 2024.
  3. ^ a b "US billionaire wins high court order over Wikipedia 'defamation'". The Guardian. May 9, 2011. Archived from the original on December 2, 2016. Retrieved December 15, 2016.
  4. ^ "U.S. Law Protects Anonymous Speech, Not Billionaires". Forbes. May 10, 2011. Archived from the original on July 30, 2017. Retrieved September 4, 2017.
  5. ^ a b "Hedge fund boss wins Wikipedia case". Daily Telegraph. London, England. May 10, 2011.
  6. ^ Ingram, David (March 10, 2015). "NSA sued by Wikimedia, rights groups over mass surveillance". Reuters. Archived from the original on September 30, 2015. Retrieved August 28, 2015.
  7. ^ Chung, Andrew (February 21, 2023). "U.S. Supreme Court snubs Wikipedia bid to challenge NSA surveillance". Reuters. Retrieved February 22, 2023.
  8. ^ Rogers, Jacob; Davenport, Allison (April 11, 2019). "A German court forced us to remove part of a Wikipedia article's 'history.' Here's what that means". Wikimedia Foundation. Archived from the original on April 14, 2019. Retrieved May 22, 2019.
  9. ^ "Raue LLP successful against Wikipedia". Raue. October 31, 2018. Retrieved July 24, 2024.
  10. ^ "Nota pública de esclarecimento de César do Paço" [Public note of clarification from Caesar DePaço]. ionline (in Portuguese). April 15, 2021. Archived from the original on April 26, 2021. Retrieved July 27, 2023.
  11. ^ "Supremo Tribunal obriga 'Wikipédia' a remover referências a César do Paço" [Supreme Court forces Wikipedia to remove references to Caesar DePaço]. Correio da Manhã (in European Portuguese). Archived from the original on December 4, 2023. Retrieved December 5, 2023.
  12. ^ "Wikipédia volta a perder contra César do Paço" [Wikipedia loses against Caesar DePaço again]. Sábado (in European Portuguese). Archived from the original on January 29, 2024. Retrieved January 29, 2024.
  13. ^ a b "Wikimedia Foundation condamnée à communiquer des données d'identification" [Wikimedia Foundation ordered to disclose identifying data]. Legalis (in French). January 6, 2023. Retrieved October 27, 2024.
  14. ^ De Roquefeuil, Me Pierre (January 6, 2023). "Blog: La fin des farceurs sur Wikipedia ?" [Blog: The end of pranksters on Wikipedia?]. Avocat.fr (in French). Retrieved October 27, 2024.
  15. ^ "Why has ANI slapped a defamation case against Wikipedia?". The Indian Express. July 10, 2024. Retrieved December 18, 2024.
  16. ^ "Wikipedia embroiled in legal battle in India". Voice of America. November 3, 2024. Retrieved December 18, 2024.
  17. ^ Srivastava, Bhavini (November 14, 2024). "Delhi High Court issues summons to Wikipedia users in ANI's defamation suit". Bar and Bench - Indian Legal news. Retrieved December 18, 2024.
  18. ^ Deep, Aroon (July 12, 2024). "Content determined by volunteer editors, says Wikipedia parent". The Hindu. Retrieved July 13, 2024.
  19. ^ Hunt, Pete (September 23, 2024). "Will Indian Courts Tame Wikipedia?". The Diplomat. Retrieved September 22, 2024.
  20. ^ "Delhi High Court cautions Wikipedia for non-compliance of order". The Hindu. September 5, 2024. ISSN 0971-751X. Retrieved October 10, 2024.
  21. ^ Deep, Aroon (October 21, 2024). "Wikipedia suspends page on the ongoing defamation lawsuit filed by ANI against Wikimedia Foundation". The Hindu. Retrieved October 21, 2024.
  22. ^ "ANI v Wikimedia Foundation" (PDF). Wikimedia Foundation Governance Wiki.
  23. ^ Bhalla, Vineet (October 19, 2024). "Why Delhi HC is angry with Wikipedia for calling ANI a 'government propaganda tool'". Scroll.in. Retrieved October 27, 2024.
  24. ^ "Why the case against Wikipedia in India is a challenge to freedom of speech and information". The Indian Express. September 17, 2024. Retrieved October 27, 2024.
  25. ^ Schröder, Burkhard (January 10, 2006). "Hacker leben nicht gefährlich" [Hackers don't live dangerously]. Telepolis (in German).
  26. ^ Kleinz, Torsten; Smith, Robert W. (February 9, 2006). "Court overturns temporary restraining order against Wikimedia Deutschland". Heise Online. Archived from the original on February 8, 2007.
  27. ^ Ihlenfeld, Jens (May 12, 2006). "Urteil: Wikipedia darf Tron weiter beim Namen nennen" [Judgment: Wikipedia allowed to name Tron by name again]. Golem.de (in German).
  28. ^ a b c d Beaumont, Claudine (May 11, 2008). "Wikipedia fights defamation lawsuit". Telegraph. Archived from the original on November 9, 2012. Retrieved April 15, 2013.
  29. ^ Ramasastry, Anita (December 12, 2005). "Is an Online Encyclopedia, Such as Wikipedia, Immune From Libel Suits?". FindLaw. Archived from the original on January 27, 2013. Retrieved November 30, 2024.
  30. ^ Dormehl, Luke (July 8, 2020). "If Section 230 Gets Killed, Wikipedia Will Die Along With It". Digital Trends. Retrieved November 19, 2024.
  31. ^ a b c "Wikipedia cleared of defamation". The Inquirer. November 2, 2007. Archived from the original on October 24, 2014. Retrieved April 15, 2013.
  32. ^ a b c d e "Wikipedia cleared in French defamation case". Reuters. November 2, 2007. Archived from the original on December 21, 2012. Retrieved April 15, 2013.
  33. ^ "Wikipedia goes to court to defend defamation immunity". The Register. May 7, 2008. Archived from the original on August 1, 2013. Retrieved April 15, 2013.
  34. ^ a b "Bauer v. Wikimedia". Citizen Media Law Project. May 2, 2008. Archived from the original on July 13, 2010. Retrieved December 21, 2011.
  35. ^ Beaumont, Claudine (May 11, 2008). "Wikipedia fights defamation lawsuit". The Daily Telegraph. London. Archived from the original on November 9, 2012. Retrieved September 6, 2012.
  36. ^ "Zoeller v. Josef Silny & Associates". Digital Media Law Project. Archived from the original on December 26, 2017. Retrieved December 26, 2017.
  37. ^ "Letter from FBI to Wikimedia" (PDF). July 22, 2010. Archived (PDF) from the original on August 18, 2014. Retrieved August 16, 2012.
  38. ^ "Letter from Wikimedia to FBI" (PDF). July 30, 2010. Archived (PDF) from the original on August 18, 2014. Retrieved August 16, 2012 – via The New York Times.
  39. ^ Schwartz, John (August 2, 2010). "F.B.I., Challenging Use of Seal, Gets Back a Primer on the Law". The New York Times. Archived from the original on December 6, 2014. Retrieved August 16, 2012.
  40. ^ Simcoe, Luke (June 25, 2014). "Canadian businessman sues Wikipedia editors for defamation". Metronews.
  41. ^ Alfonso, Fernando III (June 24, 2014). "Wikipedia editors hit with $10 million defamation lawsuit". The Daily Dot. Retrieved May 14, 2019. Updated 11 December 2015.
  42. ^ "Philanthropist Yank Barry prepares to bolster lawsuit against Wikipedia editors, strategically withdraws first complaint". PRNews Channel. July 17, 2014. Retrieved August 2, 2014.
  43. ^ "Wikipedia România, în mijlocul unui proces". Digi24 (in Romanian). September 15, 2016. Retrieved February 8, 2022.
  44. ^ "Detalii dosar 6954/2/2018" (in Romanian). Romania: High Court of Cassation and Justice. Retrieved February 8, 2022.
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