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Wikipedia’s Role as Intermediary

  • The Ministry of Information and Broadcasting has sent a missive to the online encyclopaedia’s parent, asking why it should not be treated as a content publisher instead of an Intermediary under the Information Technology Act, 2000.
  • Content publisher is directly liable for legal challenges against its content.
  • The Delhi High Court ordered the Wikimedia Foundation to unmask the identities of the individual people who made edits to ANI’s Wikipedia page in the ANI vs Wikimedia Foundation case.
AspectIntermediaryContent Publisher
DefinitionEntities that store, receive, or transmit third-party information.Entities that produce, edit, or publish original content.
CriteriaMust not exercise editorial control or create content directly.Exercise control over platform content and participate in content creation.
Liability ShieldProtected from liability for third-party content.Fully accountable for all hosted content.
Due DiligenceMust prevent illegal content and comply with IT Rules.Must comply with laws and are directly liable for defamatory, inaccurate, or unlawful content.
PenalizationReclassification as publishers for failing standards, leading to exposure to criminal liabilities.Criminal penalties for content violations, such as defamation or misinformation, due to editorial control.

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