A German court has ruled that Elon Musk’s social media platform, X, must grant researchers access to data tracking the spread of election-related information ahead of Germany’s federal election on 23 February.
The decision, seen as a significant legal defeat for X, underscores the European Union’s efforts to enforce transparency under the Digital Services Act (DSA).
The ruling was issued by the Berlin Regional Court following an urgent lawsuit filed by the Society for Civil Rights (GFF) and Democracy Reporting International (DRI). The organisations accused X of obstructing efforts to monitor the spread of potentially manipulative content by withholding key engagement data, such as post reach, likes, and shares.
The court ordered X to provide real-time access to the requested data via its online interface until at least 25 February. Additionally, X must cover the €6,000 procedural costs of the lawsuit. The platform did not respond to requests for comment.
Testing the Digital Services Act
This case is among the first major legal tests of the EU’s DSA, which mandates that large online platforms share data with researchers studying systemic risks. The European Commission previously accused X of non-compliance with transparency rules under the regulation in 2024. The decision could set a precedent for future enforcement of data-sharing obligations in the EU.
Other platforms, including TikTok and Meta, have complied with similar data access requests, while X’s refusal led to the legal challenge. The ruling reinforces the EU’s focus on regulating digital platforms and ensuring accountability in election-related content moderation.
Concerns Over Political Influence and Disinformation
X has faced increasing scrutiny in Germany over misinformation and its potential to sway public opinion. In January, Musk publicly endorsed the far-right Alternative for Germany (AfD), posting on X, “Only the AfD can save Germany.” He later conducted a live interview with AfD leader Alice Weidel. The party, currently polling in second place, has been accused of spreading misleading narratives ahead of the election.
The role of social media in elections has gained heightened attention from European regulators, particularly following reports of Russian interference in Romania’s annulled 2024 presidential election through a pro-Kremlin TikTok campaign. German authorities are now closely monitoring digital platforms for signs of similar foreign influence efforts.
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