The court decision, seen by POLITICO, was issued Thursday and marks one of the first major judicial tests of the European Union’s Digital Services Act (DSA), raising fresh questions about X’s compliance with European regulations ahead of Germany’s federal election.
The lawsuit, brought earlier this week by Democracy Reporting International (DRI) and the Society for Civil Rights (GFF), accused X of blocking efforts to track potential election interference by not granting them access to key engagement data — including likes, shares and visibility metrics — that other platforms made available to researchers.
Social media platforms, including X, are already getting European Commission scrutiny over alleged failures to mitigate risks around election interference. Russia was accused of interfering in Romania’s annulled presidential election late last year, via a TikTok campaign that boosted a pro-Kremlin candidate.
The case adds to mounting tensions between European regulators and Musk’s social media platform over its rolling back of content moderation and refusal to accede to data access demands.
The DSA, which came into force in 2022, requires large platforms to grant researchers access to data to study systemic risks. The Commission already accused X in July last year of breaching the DSA for not meeting requirements around researcher data access. It also quizzed Meta last year over its decision to shut down research tool CrowdTangle.
The Berlin Regional Court sided with the plaintiffs, issuing an urgent injunction that forces X to provide real-time access to the requested data via its online interface until Feb. 25. The ruling also orders X to pay legal costs and imposes a €6,000 procedural fine, setting a precedent for how European courts may enforce transparency obligations under the DSA.