Since posting, we have learned that Mr. Barry’s attorney has requested to withdraw their complaint without prejudice and their request has been granted by the court. Mr. Barry’s attorney has further indicated that Mr. Barry intends to file an amended complaint some unspecified time in the future.
Wikipedia’s content is not the work of one, ten, or even a thousand people. The information on Wikipedia is the combined product of contributions made by hundreds of thousands of people from all over the world. By volunteering their time and knowledge, these people have helped build Wikipedia into a project that provides information to millions every day.
With many different voices come many different perspectives. Resolving them requires open editorial debate and collaboration with and among the volunteer community of editors and writers. Disagreements about content are settled through this approach on a daily basis. On extremely rare occasions, editorial disputes escalate to litigation.
This past month, four users of English Wikipedia were targeted in a defamation lawsuit brought by Canadian-born musician, businessman, and philanthropist Yank Barry. In the complaint, Mr. Barry claims that the editors, along with 50 unnamed users, have acted in conspiracy to harm his reputation by posting false and damaging statements onto Wikipedia concerning many facets of his life, including his business, philanthropy, music career, and legal history.
However, the specific statements Mr. Barry apparently finds objectionable are on the article’s talk page, rather than in the article itself. The editors included in the lawsuit were named because of their involvement in discussions focused on maintaining the quality of the article, specifically addressing whether certain contentious material was well-sourced enough to be included, and whether inclusion of the material would conform with Wikipedia’s policies on biographies of living persons.
A talk page is not an article. It is not immediately available to the readers of the encyclopedia. Its purpose is not to provide information, but a forum for discussion and editorial review. If users are unable to discuss improvements to an article without fear of legal action, they will be discouraged from partaking in discussion at all. While some individuals may find questions about their past disagreeable and even uncomfortable, discussions about these topics are necessary for establishing accurate and up-to-date information. Without discussion, articles will not improve.
In our opinion, this lawsuit is an effort to try and chill free speech on the Wikimedia projects. Since Wikipedia editors do not carve out facts based on bias or promotion this lawsuit is rooted in a deep misinterpretation of the free-form truth-seeking conversations and analysis that is part of the editorial review process that establishes validity and accuracy of historical and biographical information. As such, we have offered the four named users assistance through our Defense of Contributors policy. Three of the users have accepted our offer and obtained representation through the Cooley law firm. We thank Cooley for its assistance in the vigorous representation of our users. The fourth user is being represented by the California Anti-SLAPP Project and is working closely with the Wikimedia Foundation and Cooley.
Lawsuits against Wikipedia editors are extremely rare — we do not know of of any prior cases where a user has been sued for commenting on a talk page. The Wikipedia community has established a number of dispute resolution procedures and venues to discuss content issues that are available for anyone to use. Most content disputes are resolved through these processes. We are unaware of Mr. Barry taking advantage of these processes to work directly with the editors involved in this lawsuit or the greater Wikipedia community to address these issues.
Wikipedia’s mission is to provide the world with the sum of all human information for free and we will always strongly defend its volunteer editors and their right to free speech.
Michelle Paulson, Legal Counsel
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