Kolkata rape and murder victim identity: Wikipedia parent, users move to avert confrontation with Supreme Court

The Wikimedia Foundation does not censor articles upon court requests, deferring to volunteer editors. But after a Supreme Court prohibition on media disclosing the victim’s identity, the foundation moved to appeal to its volunteers to consider the issue while avoiding confrontation.

Updated - September 18, 2024 07:15 pm IST - NEW DELHI

Chief Justice of India D.Y. Chandrachud with Justices J.B. Pardiwala and Manoj Mishra during a hearing on September 17, 2024 over the Kolkata doctor rape and murder case.

Chief Justice of India D.Y. Chandrachud with Justices J.B. Pardiwala and Manoj Mishra during a hearing on September 17, 2024 over the Kolkata doctor rape and murder case. | Photo Credit: ANI

After the Supreme Court on Tuesday (September 17, 2024) ordered that the identity of the medic murdered at R.G. Kar Medical College and Hospital in Kolkata should be removed from Wikipedia, the Wikimedia Foundation moved to avert a confrontation with the highest court. The Foundation does not as a policy edit or censor articles, complicating its ability to directly change the contents of the Wikipedia entry on the incident. Instead, a representative for the foundation participated in an existing user discussion on whether the victim’s name should be mentioned in the article on the incident, and the name has been removed, for now, by volunteer editors.

“The Wikimedia Foundation has received enquiries related to the Indian Supreme Court’s ruling against the inclusion of the name and image of the victim of this crime in online media,” Joe Sutherland, who is a part of trust and safety team at the Foundation told users. “Organisations supporting victims of sexual violence have advocated for this general practice. In some cases, naming the victim of sexual violence may involve considering the safety of the victim’s family and friends.” Mr. Sutherland made the comment after the Supreme Court had ordered all electronic media to stop publicising the victim’s name, but one day before Wikipedia was singled out by the court.

Mr. Sutherland pointed out that some outlets considered credible by Wikipedia users, such as the BBC, had ceased reporting the victim’s name. Publishing the name of sexual assault victims in India is illegal under Section 72 of the Bharatiya Nyaya Sanhita, 2023; it was also illegal under the preceding Indian Penal Code.

Also read | Probe intends to reveal ‘absolute truth’ in R.G. Kar case: CJI

“Content issues and concerns on Wikipedia are generally addressed by volunteers,” a foundation spokesperson told The Hindu. “ When an issue regarding content on Wikipedia is reported to the Wikimedia Foundation, we first reach out to Wikipedia’s volunteer community to flag the issue and help them resolve it in adherence to the applicable policies and guidelines.”

“It is important to understand that while the Wikimedia Foundation is a U.S.-headquartered organisation, we’re not insensitive to laws and cultural nuances in other locations,” Mr. Sutherland told users. “Other nations’ laws affect the Wikimedia projects, the people who make the projects happen, and people who access them … When the community comes to a consensus on a content issue, it’s very important and extremely useful for there to be compelling and clearly articulated reasons for that decision. This helps the Foundation explain the outcome to courts” and other authorities, he added.

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