Focus Hungary: Court of Appeal forces X to release data for election researchers

The legal tug-of-war between civil society and Elon Musk's platform X has reached a new chapter, with the political situation in Hungary at its center. On Tuesday, the Berlin Court of Appeal ruled in a landmark decision that the organization Democracy Reporting International (DRI) has an enforceable claim to unrestricted access to publicly available data from the social network.

This success for digital transparency is closely linked to the upcoming vote in Hungary: DRI researchers want to use the data to specifically analyze disinformation campaigns and attempts to influence the election in the run-up to the Hungarian parliamentary elections in April.

The fact that a German court is deciding on data access for an investigation into Hungarian elections underscores the power of the EU's Digital Services Act (DSA). X had previously refused to release the corresponding interfaces, which would have made scientific observation of online debates in Hungary practically impossible.

Just over a year ago, the Berlin Regional Court had already ordered X to grant DRI access to research data. The focus then was on potential attempts to influence the federal election. In June, however, the Regional Court overturned this preliminary injunction. Previously, X had successfully argued that one of the judges might be biased. He was removed.

DRI, supported in its lawsuit by the Society for Freedom Rights (GFF), now sees the new ruling as confirmation that the online space must not remain an uncontrolled black box. Especially in the context of the politically heated atmosphere in Hungary, where long-time conservative head of government Viktor Orbán faces strong opposition, independent verification of platform data is considered essential for fair democratic processes.

End of procedural hurdles

The decision of the Court of Appeal removes a significant procedural obstacle. In an earlier phase of the dispute, the Berlin Regional Court had rejected the researchers' urgent application, citing a lack of local jurisdiction. At the time, it was stated that DRI would have to assert its claims in Ireland, X's European headquarters.

The Court of Appeal corrected this view, confirming that researchers can enforce their rights under the DSA directly in Germany. This prevents civil society organizations from being deterred from enforcing their rights by the high costs and legal hurdles of proceedings in Ireland.

Time is of the essence for the researchers, as the elections in Hungary are already scheduled for April. According to the GFF, the ruling obliges X to grant access immediately so that the analysis of algorithms and interaction rates can take place during the crucial phase of the election campaign.

Signal effect for the EU

The DSA stipulates that very large online platforms like X must actively mitigate systemic risks – including election manipulation. Independent research projects like DRI's are considered an important tool for monitoring whether the operators are fulfilling these obligations or passively observing influence attempts through disinformation.

The signal from Berlin: Global tech corporations must also comply with European regulations when it comes to protecting fundamental democratic values. With a focus on the Hungarian elections, the ruling creates a precedent for the entire EU, according to experts. It demonstrates that national courts are prepared to consistently demand transparency obligations from large platforms. Only in this way can manipulation of public opinion through non-transparent data streams be prevented.

(mack)