The Federal Court in the Federal District has scheduled a hearing for Wednesday, September 2, between the federal government and Discord before ruling on a request for urgent measures against the platform, which faces a public civil action seeking R$ 500 million (about US$ 96 million) in collective moral damages. The scheduling was reported on Friday (28) by Folha de S.Paulo.
According to Folha, it is a justification and conciliation hearing expected to bring together representatives of the Union, Discord and the Federal Prosecutor's Office (MPF), with possible participation of the ANPD, Brazil's data protection authority. In ordering the meeting, the judge handling the case said the nature, gravity and complexity of the issues justify a more detailed clarification of the facts before any decision on the injunction request.
The case so far
The lawsuit caps an escalation that began in July, when a 13-year-old girl from Mato Grosso do Sul took her own life after being incited during a livestream on the platform, according to investigators. The case led to the launch of Operation Livia on August 4, and on August 12 the ANPD suspended Discord's livestreams in Brazil after identifying failures in the protection of children and adolescents.
On August 26, after negotiations for a conduct adjustment agreement (TAC) collapsed, the AGU, the federal government's legal office, filed the public civil action. Beyond the damages, the Union wants Discord to adopt age verification, link accounts of users under 16 to those of their parents or guardians, detect and shut down in real time broadcasts showing self-harm or suicide, and keep a Portuguese-speaking moderation team, among other obligations under the Digital ECA, Brazil's new statute protecting children online, according to G1.
"We have shown that this platform has allowed a series of legal violations under Brazilian law. This situation is absolutely unsustainable and, at the direction of the President of the Republic, we adopted this measure," said Solicitor General Jorge Messias when announcing the suit. The national secretary for Digital Rights, Victor Oliveira Fernandes, said in a statement carried by the site Vermelho that "platforms can no longer wait for the State to notify them before taking action."
In a statement, Discord called the suit "disproportionate" and said it "does not accurately reflect Discord's approach to safety and compliance with Brazilian law." The company said it remains "committed to working with the competent authorities" to improve safety on the platform.
Before reviewing the injunction request, the court had already given the MPF and Discord five days to present their positions, a deadline that stands regardless of the hearing. At Wednesday's meeting, Discord is expected to provide information on the safety and moderation measures it adopts, and the judge wants to clarify the scope and current status of the measures already imposed by the ANPD, including whether the company filed an administrative appeal against them. Only after those clarifications will the judge rule on the urgent measures requested by the Union.