Why Discord content spreads quickly

Discord servers can host private NCII trading communities behind invite walls. Server bots can mass post images across channels, and image links survive even when messages are deleted because of CDN caching.

Brazil legal framework

Lei nº 13.718/2018 (crimes against sexual dignity) inserting article 218-C into the Código Penal, plus Marco Civil da Internet (Lei nº 12.965/2014) article 21. From 1 to 5 years imprisonment under article 218-C. Aggravated where committed by a current or former intimate partner.

The civil erasure right under LGPD (Lei nº 13.709/2018) right to deletion under article 18 is enforceable against Discord regardless of where Discord processes the data, where the data subject is in Brazil.

Discord removal route

Discord accepts NCII reports through its Trust and Safety form and through its DMCA agent. Server level reports are processed faster than direct message reports.

Discord is a covered platform under 47 USC 223a. Server owners have independent legal exposure under state NCII statutes for permitting distribution. This dual exposure routinely produces faster server level enforcement.

Evidence preservation specific to Discord

Capture the server name, the channel id, and the message link including the discord.com path. Discord retains content on its CDN at cdn.discordapp.com even after message deletion. Report both the message and the CDN URL.

Five step removal process

  1. 1

    Capture evidence from Discord

    Capture the server name, the channel id, and the message link including the discord.com path. Discord retains content on its CDN at cdn.discordapp.com even after message deletion. Report both the message and the CDN URL.

  2. 2

    File Lei nº 13.718/2018 plus Marco Civil article 21 criminal complaint

    Report to local police or national cybercrime unit. SaferNet Brasil can assist.

  3. 3

    Submit LGPD (Lei nº 13.709/2018) right to deletion under article 18 erasure request to Discord

    Discord accepts NCII reports through its Trust and Safety form and through its DMCA agent. Server level reports are processed faster than direct message reports. The request must identify the URLs and cite the legal basis. ANPD accepts complaints for non compliance.

  4. 4

    Run a biometric scan to find every other hosting location

    Content rarely stays on one platform. ScanErase identifies every current location in a single scan including mirrored copies and AI generated variants of the same image.

  5. 5

    Dispatch parallel TAKE IT DOWN Act notice to Discord

    Discord is a covered platform with a 48 hour federal removal obligation. ScanErase files the notice within 5 minutes of authorisation.

Frequently asked questions

Can Discord be required to remove intimate images of a Brazil resident?

Yes. LGPD (Lei nº 13.709/2018) right to deletion under article 18 gives any data subject in Brazil the right to require erasure. Discord operates a dedicated NCII removal portal that processes these requests. Where Discord is also subject to US jurisdiction, the TAKE IT DOWN Act adds a 48 hour federal obligation.

What is the criminal exposure of the person who posted to Discord from Brazil?

Lei nº 13.718/2018 (crimes against sexual dignity) inserting article 218-C into the Código Penal, plus Marco Civil da Internet (Lei nº 12.965/2014) article 21. From 1 to 5 years imprisonment under article 218-C. Aggravated where committed by a current or former intimate partner.

How does Discord verify a Brazil erasure request?

Discord accepts NCII reports through its Trust and Safety form and through its DMCA agent. Server level reports are processed faster than direct message reports. ANPD can be petitioned if Discord fails to act within the statutory window.

Can the Brazil regulator force Discord to remove content?

Marco Civil article 21 imposes secondary liability on internet application providers that fail to remove intimate content disseminated without consent following a notice from the affected party.

What evidence should I capture from Discord?

Capture the server name, the channel id, and the message link including the discord.com path. Discord retains content on its CDN at cdn.discordapp.com even after message deletion. Report both the message and the CDN URL.

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