We took X to court. And we won. DRI and the Society for Civil Rights (Gesellschaft für Freiheitsrechte,GFF) have achieved a significant legal victory against the social media platform. In an urgent proceeding,the Berlin Regional Court has ruled that X must grant DRI unrestricted access to all publicly available data on the platform immediately and until shortly after the German federal election. Our goal in accessing this data is to investigate whether electoral manipulation is occurring on the platform in the lead-up to the vote.
The lawsuit is based on the Digital Services Act (DSA),which mandates platforms to provide researchers with access to relevant data. The court justified its decision by stating that any further delay would jeopardise the research project,as the period immediately before the federal election is critical for such studies. This ruling marks a lasting reinforcement of fundamental rights in the digital sphere.
“The language of the law is crystal clear,and we welcome the court’s confirmation of what was written in it: civil society and researchers have the right to analyse electoral debates online. The digital space is not a lawless zone,and I trust that X will grant us access to its data promptly. We study online debates without fear and favour,aiming to shed light on what happens on these platforms,” says Michael Meyer-Resende,Executive Director of DRI
X had refused to provide us with data such as the reach,number of likes,and shares of public posts for large-scale,systematic analysis. With access to the newly obtained data,the organization can now also investigate potential election interference on X,contributing to greater transparency in the digital space.
“This decision is a huge victory for academic freedom and our democracy! We have secured access to crucial research data and are blocking attempts to manipulate elections. It is a strong signal for protecting fundamental rights in the digital age,” says Simone Ruf,lawyer and Deputy Director of the Center for User Rights at GFF.
At the heart of this case was the enforcement of a new legal provision under the DSA: the right to access research data (Article 40(12) DSA). This provision requires large online platforms to provide researchers with immediate access to publicly available data on their platforms in order to assess systemic risks. The lawsuit has also helped clarify open legal questions regarding the judicial enforceability of this right in Germany.
This lawsuit is part of the Center for User Rights,a project supported by the Mercator Foundation,Luminate,and the Open Society Foundations. Through this initiative,GFF aims to strengthen,demand,and enforce users’ rights in a sustainable way,as well as to correct the existing power imbalance between online platforms and their users.
Democracy Reporting Inteational (DRI) is an independent organisation dedicated to promoting democracy worldwide. We believe that people are active participants in public life,not subjects of their govements. Our work centres on analysis,reporting,and capacity-building. DRI monitors social media during elections to examine the influence of social media platforms on democratic public discourse and raises awareness of potential violations of current regulations,such as the DSA.
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