German court orders X to grant data access for Hungary election research
Posted by Hakan Ersen
BERLIN, Feb 18 (Reuters) – A German appeals court has ordered social media platform
Democracy Reporting International, one of the two plaintiffs, said in a statement late Tuesday that the Berlin Court of Appeals ruling requires Elon Musk’s X to share information such as the reach and engagement of posts about the Hungarian parliamentary elections.
The ruling will take effect immediately, a court spokesman said Wednesday.
The decision is seen as a milestone in the implementation of the EU’s Digital Services Act, a regulation that requires major online platforms to give researchers access to data to monitor risks including disinformation, hate speech and election manipulation.
X did not respond to Reuters requests for comment.
AN EXAMPLE HAS BEEN CREATED FOR RESEARCHER ACCESS
The plaintiffs (DRI and the Civil Liberties Union (GFF)) had previously been unable to obtain similar data from X for Germany’s 2025 federal elections.
In the present case a lower court held that jurisdiction lay in Ireland, where X had its EU headquarters.
But the Berlin appeals court revisited the issue, finding that German courts can take action when there is a local problem, such as when German researchers are denied important data for studies in the public interest.
Ruling in favor of the two NGOs, the court said that X’s non-compliance affected their ability to conduct research in Germany.
“The decision cannot be appealed,” said GFF lawyer Joschka Selinger, adding that if X does not comply, the decision can be enforced through penalty payments.
HUNGARIAN ELECTIONS ADDRESSED THE TRANSPARENCY DEBATE
Hungarian Prime Minister Viktor Orban faces his biggest challenge to power since his Fidesz party came to power in 2010, with the center-right opposition Tisza party leading in most opinion polls. But while pro-government pollsters put Fidesz in the lead, many voters remained undecided.
Previous elections in Hungary were marred by media bias and disinformation reports.
The Hungarian government did not immediately respond to a Reuters request for comment on Wednesday.
DRI argued that the court decision would reduce obstacles to civil society groups across Europe seeking to enforce digital rights through national courts.
Observers see this decision as a signal to major platforms operating under the DSA that failure to facilitate researcher access could lead to legal consequences in EU member states.
(Reporting by Hakan Ersen, additional reporting by Anita Komuves, writing by Kirsti Knolle, Editing by Gareth Jones)
