NJ Attorney General Sues Discord
Ethan Kassai
Tech Writer
New Jersey Attorney General Matthew J. Platkin brought a landmark lawsuit against Discord Inc., alleging that the popular messaging platform engaged in misleading business practices that endangered children by lacking in the implementation of adequate safety measures. The suit, brought in the Superior Court of New Jersey, Chancery Division, Essex County, alleges Discord of violating the state’s Consumer Fraud Act by misrepresenting the effectiveness of its safety features and exposing minors to harmful content and online predators.
Discord, popular among gamers and teenagers, has features of voice, video, and text communication in communities called “servers.” The company claims that they deliver effective safety features, including a “Safe Direct Messaging” feature designed to filter out explicit material. Yet, the lawsuit argues that such actions are insufficient and deceitful. “Discord appears to be a family-friendly community, despite knowing that the app’s inadequate safety features and lax monitoring have made it a go-to hunting ground for online predators,” said Attorney General Platkin. The complaint alleges that Discord’s default configuration allows members to receive direct messages from anyone on the same server, and thereby children especially become vulnerable to unwanted and potentially harmful communications.
Further, the age verification process on the site is also criticized as being easily
circumvented, enabling children under the age of 13 to register by simply lying about their birthday. The Attorney General’s office points to several instances where Discord was seen to have been used to facilitate harmful activity. Notably, the site was used by the 2022 Buffalo, New York mass shooting to coordinate and live-stream the attack. The lawsuit also points to examples where predators exploited the platform to target children. A Discord spokesperson answered the lawsuit by stating, “We disagree with the assertions of the lawsuit and await the opportunity to defend the action in court.” The company highlighted its ongoing efforts to enhance user safety, including investment in features and tools aimed at protecting users.
New Jersey is the first state to sue Discord for child safety issues. It is reflective of a growing trend of states’ supervision of the responsibility of social media platforms towards ensuring the safety of children who use them. New Jersey has already sued other tech giants like Meta and TikTok on similar charges of alleged failure to ensure the safety of children online. Attorney General Platkin reaffirmed the state’s commitment to hold corporations accountable saying, “They can’t knowingly bring a product on the market that hurts children.” The complaint requests multiple forms of relief, such as civil penalties, an injunction against Discord’s alleged violations, and forfeiture of profits gained through New Jersey users. As this case proceeds, it may create precedent for the manner in which online platforms are held accountable for the safety of their users, particularly minors.
Contact Ethan at ethan.kassai@student.shu.edu