Court Ruling: Platform X Required to Provide Data Access for Election Research

A significant legal victory has emerged for the non-governmental organization Democracy Reporting International (DRI) as the Berlin District Court has mandated that the platform X grant unrestricted access to all publicly available data until shortly after the upcoming Bundestagswahl (federal election) scheduled for February 23, 2025. This ruling aims to facilitate research into potential electoral interference via the social media platform.

The court's decision comes in response to the organization's concerns regarding the influence of social media on voter behavior and election integrity. The DRI intends to analyze data such as post reach, likes, and shares to assess whether these metrics indicate any manipulation or undue influence on the electoral process.

According to the Society for Civil Liberties (GFF), which supported the legal action, the court emphasized the urgency of the matter, stating that delays could jeopardize the research project. The organization highlighted the critical importance of accessing data in the lead-up to the election, noting that the timing is vital for understanding the dynamics at play.

The case hinged on Article 40 of the Digital Services Act (DSA), which obliges very large platforms to provide researchers with immediate access to publicly available data through an online interface. This regulation aims to ensure that platforms share essential information with authorities, researchers, and civil society organizations to facilitate the examination of systemic risks associated with their operations.

Last year, the European Commission called on 17 major online platforms and search engines to clarify how they would enable legitimate researchers to access the necessary data. These requests were made to prominent platforms, including Amazon, Google, Facebook, TikTok, and others. However, no formal inquiries were directed at Wikipedia or Platform X, despite the latter being included under the DSA's regulatory framework.

The European Commission has already initiated infringement procedures against the former Twitter in late 2023 due to alleged failures to comply with data access requirements for researchers.

With this ruling, the GFF aims to clarify outstanding legal questions concerning the enforceability of the DSA provisions in Germany. The decision has been hailed as a substantial advancement for research freedom and democratic integrity. Advocates argue that the ruling serves as a robust affirmation of fundamental rights in the digital age, reinforcing the principle that digital platforms are not exempt from legal accountability.

Furthermore, the DRI expressed confidence that the platform X would comply with the court's order swiftly, emphasizing the need for transparency in the digital landscape. The organization aims to conduct its analysis impartially, shedding light on the activities occurring on such platforms during critical electoral periods.