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.

Canada legal framework

Criminal Code of Canada section 162.1 (publication, etc., of an intimate image without consent). Indictable offence: up to 5 years imprisonment. Summary conviction: up to 2 years less a day.

The civil erasure right under PIPEDA section 4.5 plus provincial Intimate Image Protection Acts (BC, AB, SK, MB, NS, NL, PE) is enforceable against Discord regardless of where Discord processes the data, where the data subject is in Canada.

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 Criminal Code s.162.1 criminal complaint

    Report to local police or national cybercrime unit. NeedHelpNow.ca can assist.

  3. 3

    Submit PIPEDA section 4.5 plus provincial Intimate Image Protection Acts (BC, AB, SK, MB, NS, NL, PE) 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. OPC 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 Canada resident?

Yes. PIPEDA section 4.5 plus provincial Intimate Image Protection Acts (BC, AB, SK, MB, NS, NL, PE) gives any data subject in Canada 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 Canada?

Criminal Code of Canada section 162.1 (publication, etc., of an intimate image without consent). Indictable offence: up to 5 years imprisonment. Summary conviction: up to 2 years less a day.

How does Discord verify a Canada 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. OPC can be petitioned if Discord fails to act within the statutory window.

Can the Canada regulator force Discord to remove content?

British Columbia's Intimate Images Protection Act 2023 provides administrative takedown orders through the Civil Resolution Tribunal with penalties up to CA$500 per day for non compliance.

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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