Suspension of Discord lives makes crimes more difficult, but does not solve the problem, experts say

They disagree on whether the ANPD (National Data Protection Agency), a body linked to the Ministry of Justice and Public Security, can order this type of measure without a court decision.

The federal agency ordered Discord to suspend live broadcasts after the death of a 13-year-old girl who was allegedly induced by other teenagers to self-harm and commit suicide, in scenes shown on the platform.

Discord will have three business days to comply with the decision, classified by the company as “premature”. In addition to the suspension, the case expands the discussion on the mechanisms adopted by the platform to protect children and adolescents, such as age verification, moderation and reporting channels. According to lawyer Luiz Augusto Filizzola D'Urso, a specialist in cybercrimes, lives are used by criminals themselves to control victims.

"Criminals, especially those who focus on children and adolescents, commit crimes by demanding that the victim turn on their camera and go live to demonstrate that they are complying with the perpetrators' orders, be it self-mutilation, sexual violence or even suicide", he states.

Therefore, D'Urso considers suspension to be an efficient initial measure. "The suspension of the live stream greatly harms the modus operandi applied by these gangs."

The lawyer considers, however, that the isolated measure should not reduce crimes, as groups can resort to other platforms that offer video calls.

The migration could also harm ongoing investigations, according to D'Urso, as undercover agents who follow these groups on Discord could lose track of those being investigated.

For him, a more efficient response involves investigation, platform cooperation with authorities, age verification, greater moderation and improvement of reporting channels.

The assessment that the suspension does not solve the problem alone is also made by Maria Mello, Digital manager at Instituto Alana.

She states that Discord could be the final stage of a grooming process initiated on other social networks, in which criminals establish their first contacts with children and adolescents.

Mello points out flaws in age measurement and moderation as vulnerability factors and defends the immediate suspension of the tools until broader measures are adopted.

For Mello, protection must begin with the design of the services themselves, with mechanisms that prevent minors from accessing inappropriate spaces or content.

"If you have content that is illegal, prohibited for children and teenagers, you need to adopt age measurement tools that actually prevent this presence", he says.

If there is agreement on the need to expand protection, the legal path to an eventual suspension causes divergence. Lawyer specializing in criminal law Hélio Ramos states that the ANPD could not determine, by its own administrative decision, the suspension of functionality throughout the country.

"ANPD does not have this competence. Not even law 13,709/2018, which governs the agency, gave it this attribution, and not even law 15,211/2026, the ECA Digital, gave it powers to block or suspend functionalities", he states.

Ramos explains that the ANPD can monitor data protection and apply the sanctions provided for within its powers, but a national suspension would need to go through the Judiciary. "The suspension of services on a national scale requires a court decision. I understand that it is precarious to maintain that a regulatory agency, ex officio, suspends services on a national scale."

D'Urso has a different understanding. For him, a restriction may be legally justifiable if the platform does not offer efficient mechanisms to receive reports and interrupt criminal transmissions.

"If the suspension is temporary, valid until the platform presents an efficient result of how it can combat and improve, I understand that it is a reasonably acceptable situation, because this consequence is better than banning the platform."

For Ramos, even a temporary measure would require a court decision. The restriction would also affect users who legitimately use Discord, such as teaching groups and gamers.

"When the safety of children and adolescents is put at risk, these rights can be mitigated, but we must act sparingly and carefully", he states.

Experts also differentiate the suspension of lives from a complete blocking of Discord.

"To reach a ban, there are several sanctions, with fines for the platform, with a request to change its conduct, a term of conduct adjustment or even partial suspension. There are many measures that we can take before more serious sanctions", says D'Urso.

Ramos also considers the blockade to be a more serious measure. "Blocking the platform would require an entire process of proving its perniciousness, always remembering that broad defense and contradictory action must be guaranteed as a fundamental principle of Brazilian law", he states.

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