A major controversy recently sparked involving the Wikimedia Foundation, the parent organization of Wikipedia. The controversy stems from the alleged failure to remove ‘objectionable content’ about Chhatrapati Sambhaji Maharaj. The Maharashtra Cyber Cell has initiated legal proceedings against four Wikipedia editors for their alleged failure to remove content deemed objectionable and inaccurate about this revered historical figure.
The Beginning of the Controversy
The dispute gained momentum following the release of the Hindi film “Chhaava,” which depicts the life of Sambhaji Maharaj. The film’s release led to a heightened public interest, and eventually, attention on Sambhaji Maharaj’s Wikipedia page surged. Several organizations and individuals raised concerns about the accuracy and nature of the information presented on the Wikipedia page, arguing that it contained defamatory remarks and potential historical inaccuracies.
Maharashtra Cyber Cell Takes Action After Multiple Unanswered Notices
Amidst these concerns, the Maharashtra Chief Minister Devendra Fadnavis directed the state’s cyber police to engage with the Wikimedia Foundation and direct the removal of the disputed content. Upon this, the Maharashtra Cyber Cell subsequently issued a formal notice to the California-based Wikimedia Foundation, mentioning that the content in question was not only inaccurate but also lacked proper referencing.
The notice conveyed that such misinformation could incite communal discord and pose a threat to public order, considering the fact that the Maratha leader continues to be a revered figure in contemporary times.
Four Editors Booked under the IT Act, 2000
The officials said that there was no response from the Wikimedia Foundation regarding the removal of the contentious content. The Maharashtra Cyber Cell then proceeded to book four Wikipedia editors under relevant sections of the Information Technology Act.
In addition, the Delhi High Court, too, expressed viable concerns about Wikipedia’s open editing feature, remarking it as“dangerous” while hearing a defamation lawsuit.
Specifics of the Objectionable Content
While the exact details of the disputed content have not been publicly disclosed, reports suggest that the objections centered around alleged inaccuracies and potentially defamatory statements about the historical leader.
Critics argue that the page lacks credible references.. The content is objectionable and could incite civic unrest, according to the Chief Minister.
Violent Protests over derogatory content have a ‘Historical Context’ in Maharashtra
This incident is not isolated – it is a part of a broader pattern of disputes involving online content about revered historical figures in India.
The Sambhaji Brigade, a Maratha organization, was previously engaged in protests and actions against portrayals they deemed disrespectful to Maratha icons. Notably, members of this group vandalized the Bhandarkar Oriental Research Institute in Pune, protesting against James Laine’s book on Shivaji Maharaj, which allegedly contained derogatory remarks, in 2004.
Overview of Legal Provisions in Play
The Maharashtra Cyber Cell has invoked Sections 69 and 79 of the IT Act, 2000 against Wikipedia editors over the said controversy. Under Section 69 of the IT Act, authorities can intercept or monitor digital content for national security and public order, with violations punishable by up to seven years in prison. Section 79, known as the ‘safe harbor’ clause, shields online platforms from liability—unless they ignore government takedown notices.
The editors are charged for not adhering to due diligence and failing to act on the state’s directive.
About Author
Tanishq, a law student at the Department of Legal Studies and Research, Barkatullah Vishwavidyalaya, Bhopal, is a budding legal writer with a sharp eye for evolving legal landscapes. Passionate about Intellectual Property Rights, Constitutional Law, and Women and Child Safety Laws, Tanishq actively explores contemporary legal nuances through writing and research.
