German public prosecutor targets X bosses

Florian Bodoky

2/9/2025

Translation: machine translated

German authorities take action against X-Manager. The judiciary is now investigating obstruction of justice for refusing to co-operate with criminal content such as incitement to hatred.

The social media platform X has long been criticised for its handling of sensitive content, its handling of user rights and its cooperation with the authorities. However, they would be obliged to do so under the Digital Services Act (DSA).

However, the pressure on X continues to grow: since the summer, German investigative authorities have been trying to persuade X to hand over user data. These requests are being skilfully ignored by those responsible at X. This , but also criminally relevant content: Insults, threats and incitement to hatred. Particularly explosive: a posting with a swastika, which is a criminal offence in Germany. In this case too, X refused to provide data on the author to the German authorities - the proceedings brought against the author came to nothing.

This seems to have been the straw that broke the camel's back: The public prosecutor's office in Göttingen (Lower Saxony/Germany) has opened an investigation against three senior German managers of the platform. The suspicion: obstruction of justice. The investigations are specifically directed against the individuals under whose leadership cooperation with investigating authorities was blocked.
It is not yet clear why X is failing to cooperate.

X and the DSA

The Digital Services Act was introduced in February 2024. It obliges Very Large Online Platforms (VLOPs) to moderate content consistently. They must remove illegal content swiftly, curb the spread of disinformation and hand over user data at the request of investigating authorities if there is a clear legal reason. It is true that other companies such as Meta also play with fire time and again - they only ever implement the absolute minimum of what is required. But X does not even give the appearance of co-operation on certain points. This puts the company at risk of heavy fines - other proceedings relating to the DSA (and the Digital Markets Act) already existed or are still pending.

In contrast to these proceedings - where the focus is on offences committed by the company as a whole - the judiciary is taking a different approach and investigating specific individuals. It is still unclear how the investigations will continue. Nevertheless, this is a further sign that the EU is willing to enforce the law against international tech companies as well.

In Switzerland, the status regarding a legal basis à la DSA remains unchanged: Although a motion for a Swiss equivalent of the DSA was received in 2023, it was first postponed from spring to winter 2024, then to 2025 and postponed indefinitely in April 2025.

Florian Bodoky

Editor

Florian.Bodoky@digitecgalaxus.ch

I've been tinkering with digital networks ever since I found out how to activate both telephone channels on the ISDN card for greater bandwidth. As for the analogue variety, I've been doing that since I learned to talk. Though Winterthur is my adoptive home city, my heart still bleeds red and blue. more

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