New Jersey has taken a significant step by filing a lawsuit against the social gaming platform Discord, marking the first instance of a state pursuing legal action for alleged inadequacies in protecting underage users from potential predators. The civil suit, which was filed on Thursday and contains extensive redactions, accuses Discord of breaching the New Jersey Consumer Fraud Act. The allegations center on the platform’s ease of access for children, allowing them to create accounts without sufficient barriers, and failing to implement robust measures to prevent adult users from contacting minors.
Concerns Over User Safety
Discord, a platform designed for gamers to communicate via text, audio, and video, has gained immense popularity, particularly among younger audiences engaging with games like Roblox and Minecraft. The company positions itself as a “fun and safe space for teens,” enforcing a ban on users under the age of 13 and claiming a zero-tolerance policy towards exploitation of minors.
New Jersey Attorney General Matthew Platkin has voiced strong concerns regarding Discord’s practices, asserting that the platform does not adequately restrict access for children under 13 or prevent predators from reaching out to them. “They’ve waged a very extensive PR campaign to tell the public all the features that they put in place to protect kids on their app,” Platkin stated in an interview with NBC News. “They know that they’re not working, and they know that they’re not actually protecting kids the way they say they are.”
In response to the lawsuit, a Discord spokesperson defended the company’s ongoing efforts to combat child exploitation. “Discord is proud of our continuous efforts and investments in features and tools that help make Discord safer,” the spokesperson remarked. They expressed surprise at the lawsuit, emphasizing their intention to contest the claims in court.
Loopholes in Safety Measures
Platkin highlighted that many of Discord’s protective policies can be easily bypassed. For instance, a child under 13 can create an account simply by checking a box indicating they are older. Furthermore, the platform’s “Sensitive Media” filter, designed to obscure explicit content, often fails to function as intended. “Even when it’s enabled, it’s very easy to evade it,” Platkin noted.
While legal actions against tech companies regarding child safety have predominantly targeted larger entities like Google and Facebook, Discord has faced heightened scrutiny in recent years. An NBC News investigation in 2023 uncovered 35 cases involving adults charged with kidnapping, grooming, or sexual assault linked to interactions on Discord, alongside over 100 additional cases related to child sexual abuse material. In light of these findings, Discord’s CEO, Jason Citron, described the reports as “horrifying” and announced updates to the platform’s child safety policies, including a ban on teen dating and AI-generated child sexual abuse material. Additionally, in January 2024, Citron was questioned by the Senate Judiciary Committee regarding Discord’s safety measures, alongside leaders from other major social media platforms.
