German Court Orders Data Access for Election Researchers

X Faces Legal Action Over Data Access for Election Research

According to European Union regulations, X is designated as a significant social media platform with a legal obligation to enable access for public interest researchers. This access is intended to facilitate the study of systemic risks, including those impacting elections and democratic procedures.

However, the company, previously known as Twitter and now owned by Elon Musk, has reportedly been restricting data access for civil society organizations. This obstruction led to a summary judgment secured against X on Friday by two organizations in a Berlin regional court.

Court Orders Data Release

The German Society for Civil Rights (GFF) and Democracy Reporting International (DRI) successfully argued their case before the court. The ruling mandates that X immediately provide the requested data to allow for research into public discourse and activity occurring on the platform.

This legal action comes as Germany prepares for federal elections later this month. Notably, Musk has publicly expressed support for the far-right AfD party on X, stating in December that “only the AfD can save Germany.” He also recently hosted a live discussion with the party’s co-leader, Alice Weidel.

Concerns Over Election Interference

The GFF, in a press statement regarding the case brought under the Digital Services Act (DSA), alleges that X actively prevented research into potential interference with the electoral process.

Data access was denied for publicly available information, such as post reach, likes, and shares. The court’s decision compels X to release this data.

DRI intends to analyze this information to assess the influence of social media platforms on the upcoming Bundestag election. Their goal is to enhance transparency and identify potential manipulations before the vote takes place.

Researchers Highlight Data Access Rights

Michael Meyer-Resende, executive director of DRI, emphasized that other platforms have cooperated with researchers. “We see it as our right under the Digital Services Act to access data and strengthen the public good by showing how political campaigns evolve on social media platforms,” he stated.

Requests for comment from X have not yet been answered.

Ongoing EU Investigation

X is currently under investigation by the European Commission for suspected violations of the DSA. This investigation, initiated in December 2023, followed preliminary concerns raised in July regarding X’s failure to provide researchers with necessary data access, as required by the DSA.

The EU investigation could result in substantial fines – up to 6% of X’s global annual revenue – or even a potential ban on platform access within the EU.

Expanding Legal Risks

Beyond the EU probe, the DSA allows for legal challenges and litigation, such as the case filed by the GFF and DRI, increasing X’s overall legal exposure.

Jurisdictional Clarification Sought

The GFF’s lawsuit also seeks to determine the appropriate jurisdiction for such cases. Specifically, it aims to clarify whether claims can be filed in German courts or if researchers are required to pursue legal action in Ireland, where X’s regional headquarters is located.

Notably, a similar DSA lawsuit brought against X in the Netherlands last year was successful. A private citizen used the regulation to sue X over shadowbanning and also secured rulings based on GDPR and EU consumer protection laws.

French Investigation Launched

In a separate development reported on Friday, Paris prosecutors have initiated an investigation into X regarding potential algorithmic bias. This action follows a complaint filed by Éric Bothorel, a member of the French parliament.

• Key Legislation: Digital Services Act (DSA)
• Organizations Involved: German Society for Civil Rights (GFF), Democracy Reporting International (DRI)
• Potential Consequences: Fines, platform access ban