Litigation involving the Wikimedia Foundation explained

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.

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

Outcomes not in favor of the Wikimedia Foundation

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.[1] [2] Initially, the Foundation agreed to give the information to Bacon's solicitors,[3] 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." Automattic, which owns WordPress.com, said Bacon would need a court order but agreed to remove any defamatory material from its websites.

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.[4] 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.[5]

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Alex Waibel.[6] [7] The Wikipedia article's content was ruled defamatory because the link supporting its claims was no longer active, a phenomenon known as link rot.[8] [9]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]

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. Asian News International vs. Wikimedia Foundation opened in Delhi High Court in August 2024[15] [16] with WMF being cited for contempt of court in September and ordered back to court in October.[17] 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.[18] [19] A number of authors have expressed concern about the case threatening freedom of speech in India.[20] [21]

Outcomes in favor of the Wikimedia Foundation

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.[22] On 9 February 2006, the injunction against Wikimedia Deutschland was overturned.[23] The plaintiffs appealed to the Berlin state court, but were turned down in May 2006.[24]

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.[25] 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.[26]

In 2007, three French nationals sued the Wikimedia Foundation when an article on Wikipedia described them as gay activists.[27] [28] A French court dismissed the defamation and privacy case, ruling that the Foundation was not legally responsible for information in Wikipedia articles. The judge ruled that a 2004 French law limited the Foundation's liability, and found that the content had already been removed. 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." He did not rule on whether the information was defamatory.

In January 2008, Barbara Bauer, a literary agent, sued the Wikimedia Foundation in New Jersey Superior Court for defamation.[29] [30] She claimed that a Wikipedia entry branded her the "dumbest" literary agent. The case was dismissed because of the protections afforded by Section 230 of the Communications Decency Act.[31]

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.[32] He sued the Miami firm from whose computers the edits were made, but later dropped the case.[33]

In July 2010, the FBI sent a letter to the Wikimedia Foundation demanding that it cease and desist from using its seal on Wikipedia.[34] 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.[35] He defended Wikipedia's actions and refused to remove the seal.[36]

In June 2014, Yank Barry filed a defamation lawsuit against four Wikipedia editors.[37] [38] He withdrew the suit in July 2014.[39]

In 2016, Sorin Cerin sued the administrators of Romanian Wikipedia in Romanian courts, claiming "patent falsities".[40] The trial ended in 2021; the plaintiff lost the case.[41]

See also

Notes and References

  1. News: US billionaire wins high court order over Wikipedia 'defamation'. The Guardian. May 9, 2011. December 15, 2016. https://web.archive.org/web/20161202001624/https://www.theguardian.com/media/2011/may/09/us-billionaire-wikipedia-defamation. December 2, 2016. live.
  2. News: U.S. Law Protects Anonymous Speech, Not Billionaires. Forbes. May 10, 2011. September 4, 2017. https://web.archive.org/web/20170730101514/https://www.forbes.com/sites/luisakroll/2011/05/10/u-s-law-protects-anonymous-speech-not-billionaires/. July 30, 2017. live.
  3. News: Hedge fund boss wins Wikipedia case . Daily Telegraph . 10 May 2011 . London, England.
  4. Web site: Ingram . David . 10 March 2015 . NSA sued by Wikimedia, rights groups over mass surveillance . live . https://web.archive.org/web/20150930190851/http://www.reuters.com/article/2015/03/10/us-usa-nsa-wikipedia-idUSKBN0M60YA20150310 . September 30, 2015 . 28 August 2015 . Reuters.
  5. News: Chung . Andrew . 21 February 2023 . U.S. Supreme Court snubs Wikipedia bid to challenge NSA surveillance . 22 February 2023 . . en.
  6. News: Deep . Aroon . 2024-09-10 . On ANI's defamation suit against Wikipedia Explained . 2024-11-19 . . en-IN . 0971-751X.
  7. Web site: Hunt . Pete . September 23, 2024 . Will Indian Courts Tame Wikipedia? . 2024-11-19 . . en-US.
  8. Web site: Rogers . Jacob . Davenport . Allison . 2019-04-11 . A German court forced us to remove part of a Wikipedia article's 'history.' Here's what that means. . live . https://web.archive.org/web/20190414064947/https://wikimediafoundation.org/2019/04/11/a-german-court-forced-us-to-remove-part-of-a-wikipedia-articles-history-heres-what-that-means/ . April 14, 2019 . 2019-05-22 . Wikimedia Foundation . en-US.
  9. Web site: 2018-10-31 . Raue LLP successful against Wikipedia . Raue . 2024-07-24 . en-US.
  10. Web site: 15 April 2021 . Nota pública de esclarecimento de César do Paço . Public note of clarification from Caesar DePaço . live . https://web.archive.org/web/20210426014221/https://ionline.sapo.pt/artigo/731422/nota-p-blica-de-esclarecimento-de-cesar-do-paco?seccao=Portugal_i . 26 April 2021 . 2023-07-27 . ionline . pt.
  11. Web site: Supremo Tribunal obriga 'Wikipédia' a remover referências a César do Paço . Supreme Court forces Wikipedia to remove references to Caesar DePaço . live . https://web.archive.org/web/20231204062729/https://www.cmjornal.pt/portugal/detalhe/supremo-tribunal-obriga-wikipedia-a-remover-referencias-a-cesar-do-paco . 4 December 2023 . 2023-12-05 . . pt-PT.
  12. Web site: Wikipédia volta a perder contra César do Paço . Wikipedia loses against Caesar DePaço again. live . https://web.archive.org/web/20240129145145/https://www.sabado.pt/portugal/detalhe/wikipedia-volta-a-perder-contra-cesar-do-paco . 29 January 2024 . 2024-01-29 . . pt-pt.
  13. Web site: January 6, 2023 . Wikimedia Foundation condamnée à communiquer des données d'identification . fr . Wikimedia Foundation ordered to disclose identifying data . 2024-10-27 . Legalis.
  14. Web site: De Roquefeuil . Me Pierre . January 6, 2023 . Blog: La fin des farceurs sur Wikipedia ? . Blog: The end of pranksters on Wikipedia? . 2024-10-27 . Avocat.fr . fr.
  15. News: Deep . Aroon . 12 July 2024 . Content determined by volunteer editors, says Wikipedia parent . 13 July 2024 . . en-IN.
  16. News: Hunt . Pete . 23 September 2024 . Will Indian Courts Tame Wikipedia? . 22 September 2024 . The Diplomat.
  17. News: 2024-09-05 . Delhi High Court cautions Wikipedia for non-compliance of order . 2024-10-10 . . en-IN . 0971-751X.
  18. Web site: Deep . Aroon . October 21, 2024 . Wikipedia suspends page on the ongoing defamation lawsuit filed by ANI against Wikimedia Foundation . October 21, 2024 . The Hindu.
  19. Web site: ANI v Wikimedia Foundation . Wikimedia Foundation Governance Wiki . en.
  20. Web site: Bhalla . Vineet . 2024-10-19 . Why Delhi HC is angry with Wikipedia for calling ANI a 'government propaganda tool' . 2024-10-27 . . en.
  21. Web site: 2024-09-17 . Why the case against Wikipedia in India is a challenge to freedom of speech and information . 2024-10-27 . . en.
  22. Web site: Hacker leben nicht gefährlich . Telepolis . de . Hackers don't live dangerously . Burkhard . Schröder . 2006-01-10.
  23. News: Court overturns temporary restraining order against Wikimedia Deutschland . Heise Online . en . Torsten . Kleinz . Robert W. . Smith . https://web.archive.org/web/20070208212530/http://www.heise.de/english/newsticker/news/69391 . 2007-02-08 . 2006-02-09.
  24. News: Urteil: Wikipedia darf Tron weiter beim Namen nennen . Golem.de . de . Judgment: Wikipedia allowed to name Tron by name again . Jens . Ihlenfeld . 2006-05-12.
  25. Web site: December 12, 2005 . FindLaw . Anita . Ramasastry . Is an Online Encyclopedia, Such as Wikipedia, Immune From Libel Suits? . live . https://web.archive.org/web/20130127024343/http://writ.news.findlaw.com/ramasastry/20051212.html . January 27, 2013 . November 30, 2024.
  26. Web site: 2020-07-08 . Luke . Dormehl . If Section 230 Gets Killed, Wikipedia Will Die Along With It . 2024-11-19 . Digital Trends . en.
  27. Web site: November 2, 2007 . Wikipedia cleared of defamation . dead . https://web.archive.org/web/20141024153509/http://www.theinquirer.net/inquirer/news/1002559/wiki-cleared-defamation . October 24, 2014 . April 15, 2013 . The Inquirer.
  28. Web site: November 2, 2007 . Wikipedia cleared in French defamation case . live . https://web.archive.org/web/20121221062222/http://www.reuters.com/article/2007/11/02/us-france-wikipedia-court-idUSL0280486220071102 . December 21, 2012 . April 15, 2013 . Reuters.
  29. News: Wikipedia goes to court to defend defamation immunity . The Register . May 7, 2008 . April 15, 2013 . https://web.archive.org/web/20130801072012/http://www.theregister.co.uk/2008/05/07/wikipedia_eff_defamation_immunity_lawsuit/ . August 1, 2013 . live.
  30. Web site: Beaumont . Claudine . Wikipedia fights defamation lawsuit . Telegraph . May 11, 2008 . April 15, 2013 . https://web.archive.org/web/20121109112524/http://www.telegraph.co.uk/news/1946275/Wikipedia-fights-defamation-lawsuit.html . November 9, 2012 . live.
  31. Web site: Bauer v. Wikimedia. Citizen Media Law Project. May 2, 2008. December 21, 2011. https://web.archive.org/web/20100713053150/http://www.citmedialaw.org/threats/bauer-v-wikimedia. July 13, 2010. live.
  32. News: Wikipedia fights defamation lawsuit . The Daily Telegraph . London . Claudine . Beaumont . May 11, 2008 . September 6, 2012 . https://web.archive.org/web/20121109112524/http://www.telegraph.co.uk/news/1946275/Wikipedia-fights-defamation-lawsuit.html . November 9, 2012 . live.
  33. Web site: Zoeller v. Josef Silny & Associates . . December 26, 2017 . https://web.archive.org/web/20171226235316/http://www.dmlp.org/threats/zoeller-v-josef-silny-associates . December 26, 2017 . live.
  34. Web site: July 22, 2010 . Letter from FBI to Wikimedia . live . https://web.archive.org/web/20140818194345/http://graphics8.nytimes.com/packages/pdf/us/20100803-wiki-LetterFromLarson.pdf . August 18, 2014 . August 16, 2012.
  35. Web site: July 30, 2010 . Letter from Wikimedia to FBI . live . https://web.archive.org/web/20140818194343/http://graphics8.nytimes.com/packages/pdf/us/20100803-wiki-LetterToLarson.pdf . August 18, 2014 . August 16, 2012 . The New York Times.
  36. News: Schwartz . John . August 2, 2010 . F.B.I., Challenging Use of Seal, Gets Back a Primer on the Law . subscription . live . https://web.archive.org/web/20141206234156/http://www.nytimes.com/2010/08/03/us/03fbi.html?_r=2& . December 6, 2014 . August 16, 2012 . The New York Times.
  37. Web site: Simcoe . Luke . 25 June 2014 . Canadian businessman sues Wikipedia editors for defamation . Metronews.
  38. News: Alfonso . Fernando III . 24 June 2014 . Wikipedia editors hit with $10 million defamation lawsuit . 14 May 2019 . The Daily Dot. Updated 11 December 2015.
  39. Web site: July 17, 2014 . Philanthropist Yank Barry prepares to bolster lawsuit against Wikipedia editors, strategically withdraws first complaint . 2 August 2014 . PRNews Channel.
  40. Web site: 15 September 2016 . Wikipedia România, în mijlocul unui proces . 8 February 2022 . Digi24 . ro.
  41. Web site: Detalii dosar 6954/2/2018 . 8 February 2022 . Romania . . ro.

This article is licensed under the GNU Free Documentation License. It uses material from the Wikipedia article "Litigation involving the Wikimedia Foundation".

Except where otherwise indicated, Everything.Explained.Today is © Copyright 2009-2025, A B Cryer, All Rights Reserved. Cookie policy.