2025:Program/WMF's Impact Litigation
Session title: WMF's Impact Litigation
- Session type: Panel
- Track: Legal & Advocacy
- Language: en
đĽ Session Recording: https://w.wiki/FCZc đĽ
The Wikimedia Foundationâs participation in legal cases during 2024 involved cases both as a defendant and as an active effort through impact litigation (i.e., lawsuits that aim to bring legal change in the public interest). In this session we will discuss several of these impact litigation cases, and how that work has been reinforced through dynamic collaboration within the Movement. Join Amanda Jardine (Lead Counsel for Strategic Litigation, WMF), Ivan MartĂnez (President, Wikimedia MĂŠxico) and Michele Failla (Senior Legal and Political Advisor, Wikimedia Europe) as they discuss cases involving intellectual property, privacy, freedom of expression and intermediary liability. Learn more about how local chapters can work with WMF to protect these rights globally through legal advocacy.
Description
In 2024, the Foundation played a crucial role in legal advocacy, engaging in cases both as a defendant and as a proactive force for change through impact litigation. Impact litigation involves strategically using legal action to influence broader policy and legal standards, often in the public interest.
This session will provide an in-depth discussion of the Foundationâs involvement in key legal cases throughout the year, with a particular focus on intellectual property, privacy, freedom of expression, and intermediary liability.
Our aim is to examine the ways in which legal advocacy can shape digital rights and to highlight how collaboration within the Movement strengthens these efforts. By looking at real-world cases, we will explore how the Foundation has used litigation not only to defend its mission but also to drive legal and policy changes that have global implications. We will highlight the importance of partnerships with local chapters and external legal organizations in advancing these objectives.
The session will provide attendees with: ⢠A deeper understanding of impact litigation and how it is used to bring about legal and policy change. ⢠Case studies from 2024, demonstrating the Foundationâs role in defending digital rights. ⢠Insights into key legal issues affecting the Movement, including intellectual property, privacy, freedom of expression, and intermediary liability. ⢠A review of the new Law School Clinic partnership model. ⢠Practical guidance on how local chapters and community members can contribute to global legal advocacy efforts.
This session is ideal for anyone interested in legal advocacy, digital rights, and the role of litigation in protecting free knowledge. Whether you are part of a local chapter looking to engage more in legal initiatives or simply curious about how the Foundation navigates legal challenges, this discussion will provide valuable insights into the power of strategic legal action.
- How does your session relate to the event theme, Wikimania@20 â Inclusivity. Impact. Sustainability?
The Foundationâs legal advocacy efforts through impact litigation play a crucial role in fostering inclusivity, driving social impact, and ensuring the sustainability of digital rights. By defending freedom of expression, challenging restrictive intellectual property laws, and protecting user privacy, the Foundation helps ensure that diverse voices, particularly those from marginalized communities, can contribute to and access open knowledge without fear of censorship or exclusion.
Our legal efforts have a broad impact, setting important precedents that influence global policies, strengthen digital rights, and continue to empower local chapters to advocate for fairer legal frameworks within their regions. By defending existing legal protections, the Foundation helps sustain open knowledge platforms, ensuring their long-term viability against restrictive regulations.
- What is the experience level needed for the audience for your session?
Everyone can participate in this session
Resources
Speakers
- Amanda Jardine
- Amanda Jardine is Lead Counsel for Content Compliance and Strategic Litigation at WMF. My work at the Foundation focuses primarily on impact litigation. Since its founding in 2003, the WMF has taken an active role in protecting the Wikimedia projects and the communities who edit them through thoughtful approaches to litigation. We have identified opportunities to file lawsuits, amicus briefs, and interventions in an effort to proactively create a legal environment in which the Wikimedia projects, movement, and Foundation can thrive.
- In addition, I work with the rest of the legal team on a wide variety of other issues including content compliance and privacy.
- Michele Failla
- I work at Wikimedia Europe (WMEU) as Senior EU Law & Policy Advisor. I have a Law & Economics background and I also hold a Master in European Political Studies. My job is to ensure that Wikimedia projects and the Wikimedia movement are preserved when a new piece of legislation is passed. We do our best to ensure that lawmakers widely understand the Wikimedia model and respect its functioning and values. In this sense, I closely work with the Foundation's public policy team and the European national chapters, including Italy, France, Germany.
- I am passionate about protection of fundamental rights - such as freedom of expression, privacy & access to information -, media law & policy, EU law, democratic theories & e-democracy, new technologies, cooperative projects, degrowth & the commons. In my free time, I sometimes contribute to Wikipedia.
- ProtoplasmaKid
- Active Wikipedian since 2006. Lead organizer of Wikimania 2015 and member of Wikimania Steering Committee. Founder of Wikimedia Mexico in 2011, board member since 2024. Nominated to the Wikimedia Foundation Board two times.