The Federal Court has ordered the communication platform Discord to immediately adopt a series of measures aimed at protecting children, adolescents, and women in the digital environment. The ruling, issued by the 14th Federal Civil Court of Brasília, establishes a daily fine of BRL 100,000 in case of non-compliance.
The determination grants a request made by the AGU (Brazil’s Office of the Attorney General) in a public civil action filed in August this year. The case highlights growing judicial scrutiny over content moderation and safety obligations for technology companies operating in Brazil.
Background of the Lawsuit and Legal Arguments
In the lawsuit, the AGU argued that the platform exhibits flaws in its age verification mechanisms and in safeguarding users against severe risks. The authority cited events that led to the death of a 13-year-old girl in July. In its defense, Discord denied direct liability, arguing that the broadcast of the fatal act occurred on another platform. The company also maintained that it does not qualify as a social network, but rather as a direct communication platform among users, allowing the creation of communities.
Despite the platform’s defense, the presiding judge found evidence that preparatory acts and relevant interactions took place on Discord. The judge highlighted the exposure of minors to environments linked to threats, coercion, grooming, and self-harm. The decision concluded that there is “a sufficiently concrete risk to demand compliance with preventive duties.”
Key Measures Required by the Court
The judicial decision lists several operational and compliance obligations that Discord must implement. Key measures include:
- Legal Representation and Support: Maintain a legal representative in Brazil and prove operational capacity for content moderation and handling reports in Portuguese.
- Age Verification and Parental Controls: Demonstrate how age verification is performed, take steps to link users under 16 to their legal guardians, and demonstrate the effectiveness of parental supervision tools.
- Content Moderation: Prevent the recreation of removed servers and communities, establish protocols for sexual extortion cases involving minors, and include animal cruelty content in moderation filters.
- Data Preservation: Retain moderation logs, accounts, and communications related to investigated events for at least six months, and report serious violent content to competent authorities.
- Impact Assessment: Submit a formal child safety and health impact assessment for the platform, including risks of grooming and violence.
Impacts on Digital Platforms in Brazil
The ruling reinforces the understanding that digital platforms—regardless of whether they classify themselves as social networks or direct communication tools—have a legal duty to adopt preventive measures against the exploitation and exposure of minors. For tech companies and foreign investors in Brazil’s digital sector, this case highlights the necessity of maintaining robust moderation policies, age verification protocols, and reporting channels tailored to the local language and legal framework.
This content is for informational purposes only and does not constitute legal advice. For guidance on specific matters, consult a qualified lawyer.
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