German Court Mandates X to Provide Political Data Ahead of Federal Election
A ruling by the Berlin Regional Court requires X to grant researchers access to key engagement metrics ahead of Germany's upcoming elections.
A German court has ordered X, the social media platform owned by Elon Musk, to provide researchers with access to data concerning political content in relation to the upcoming German federal election scheduled for February 23, 2024. This decision was delivered by the Berlin Regional Court on Thursday, marking a significant test of the European Union's Digital Services Act (DSA).
The ruling comes in response to a lawsuit filed by Democracy Reporting International (DRI) and the Society for Civil Rights (GFF), which accused X of obstructing access to critical engagement data, including likes, shares, and visibility metrics necessary for analyzing potential electoral interference.
The court issued an urgent injunction mandating that X grant real-time access to the requested data through its online platform until February 25, 2024. In addition to providing data access, X is obligated to cover legal costs associated with the case and has been subjected to a procedural fine of 6,000 euros.
This ruling creates a legal precedent reinforcing the transparency obligations set forth under the DSA, which requires large platforms to provide researchers access to data deemed essential for examining systemic risks.
This legal action arises amidst increased scrutiny from the European Commission regarding the accountability of social media platforms concerning election-related risks.
In July 2024, the Commission had accused X of violating the DSA by not complying with the data access requirements for researchers.
Moreover, last year, it scrutinized Meta for its decision to terminate the CrowdTangle research tool, which had been used for tracking engagement with public content.
Concerns regarding the potential influence of foreign entities on elections have heightened, particularly following allegations that Russia interfered in Romania's annulled presidential election in 2022 through a TikTok campaign supporting a pro-Kremlin candidate.
Michael Meyer-Resende, executive director of DRI, emphasized that the ruling underscores the legal accountability applicable to the digital space, stating, 'The digital space is not a lawless zone, and I trust that X will now quickly comply.' Additionally, Simone Ruf, deputy director of GFF’s Center for User Rights, described the ruling as a significant victory for research freedom and democracy, highlighting the necessity of access to data to safeguard against election manipulation.
As Germany’s election approaches in less than three weeks, it remains uncertain whether X will adhere to the court's decision or seek to postpone compliance through legal appeals.
This ruling illustrates the readiness of European courts to firmly enforce digital transparency regulations under the DSA.
The ruling comes in response to a lawsuit filed by Democracy Reporting International (DRI) and the Society for Civil Rights (GFF), which accused X of obstructing access to critical engagement data, including likes, shares, and visibility metrics necessary for analyzing potential electoral interference.
The court issued an urgent injunction mandating that X grant real-time access to the requested data through its online platform until February 25, 2024. In addition to providing data access, X is obligated to cover legal costs associated with the case and has been subjected to a procedural fine of 6,000 euros.
This ruling creates a legal precedent reinforcing the transparency obligations set forth under the DSA, which requires large platforms to provide researchers access to data deemed essential for examining systemic risks.
This legal action arises amidst increased scrutiny from the European Commission regarding the accountability of social media platforms concerning election-related risks.
In July 2024, the Commission had accused X of violating the DSA by not complying with the data access requirements for researchers.
Moreover, last year, it scrutinized Meta for its decision to terminate the CrowdTangle research tool, which had been used for tracking engagement with public content.
Concerns regarding the potential influence of foreign entities on elections have heightened, particularly following allegations that Russia interfered in Romania's annulled presidential election in 2022 through a TikTok campaign supporting a pro-Kremlin candidate.
Michael Meyer-Resende, executive director of DRI, emphasized that the ruling underscores the legal accountability applicable to the digital space, stating, 'The digital space is not a lawless zone, and I trust that X will now quickly comply.' Additionally, Simone Ruf, deputy director of GFF’s Center for User Rights, described the ruling as a significant victory for research freedom and democracy, highlighting the necessity of access to data to safeguard against election manipulation.
As Germany’s election approaches in less than three weeks, it remains uncertain whether X will adhere to the court's decision or seek to postpone compliance through legal appeals.
This ruling illustrates the readiness of European courts to firmly enforce digital transparency regulations under the DSA.
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