'What to Do If You Find Defamatory or Slanderous Posts on Discord'

Discord is a voice chat service designed for gamers. It offers both a browser version and an app version, and the browser version allows you to start as a temporary account without registering. Users can not only enjoy chatting and calling, but also create communities called servers, among many other features. As a result, the number of users is increasing.

However, there are often cases where it becomes a closed-off space, and there may be posts that amount to slander. In this article, we will explain how to deal with malicious posts on Discord.

What is Discord?

Discord is a service that allows users to enjoy free communication through calls and chats. Users can communicate with people from all over the world while playing online games. Discord is operated by Discord Inc., a company based in California, USA.

Examples of Defamation on Discord

On Discord, there are instances where a large number of posts that can be considered defamatory, such as those related to Vtuber controversies, are made. As we will explain in detail below, in order to identify the poster in such cases, it is necessary that the post in question is illegal. Therefore, if malicious posts are made on Discord, it is first necessary to confirm whether or not the post is illegal.

Procedure for Identifying Posters 1: IP Address Disclosure Request

What is an IP Address?

The first step in identifying a poster is to request the disclosure of their IP address. An IP address is a number used when accessing the internet via devices such as PCs and smartphones.

A Discord account can be created by simply entering an email address and password.

[Discord Account Registration Screen]

Therefore, it is highly likely that the only personal information Discord’s management has about a poster is their email address. Furthermore, this address can be a highly anonymous free address, so disclosing this address alone will not lead to the identification of the poster. If you use the browser version, you can use it by just entering a username and date of birth without creating an account, which further increases anonymity. Therefore, in order to identify the poster, it is necessary to disclose the IP address.

IP Address Disclosure Request by Provisional Disposition Procedure

An IP address disclosure request can be made through a court procedure called a provisional disposition. A provisional disposition is a procedure based on the Japanese Civil Preservation Law, and the results are speedy, usually within 1-2 months. If you request this procedure through a lawyer, the lawyer’s fee is typically:

An initial fee of around 300,000 yen, and a success fee of around 300,000 yen

This is the average cost for an IP address disclosure request and a request to delete a post. The cost may vary depending on the content and volume of the post, so please be aware. Also, as Discord’s operating company is a foreign corporation based in the United States, additional actual expenses may be incurred for document translation costs, etc.

Claiming and Proving the Illegality of a Post

When requesting the deletion of a post through the deletion request form, you can request deletion on the grounds that it violates the Discord Community Guidelines. The Discord Community Guidelines state:

You must not initiate, participate in, or encourage harassment of others.

https://discord.com/guidelines

If the management determines that this prohibition applies, the post may be deleted, but whether the post is illegal or not is not questioned.

On the other hand, in order to get the court to recognize the disclosure of the IP address, it is necessary to make a legal argument that the post is illegal and provide evidence. Gathering such legal arguments and evidence requires advanced expertise, so it is advisable to consult with a lawyer who is strong in dealing with online reputation damage.

Procedure for Identifying the Poster 2: Prohibition of Log Deletion

If a request for the disclosure of an IP address is granted, the provider used by the poster can be identified. The provider holds logs of the individuals who used that IP address, but these logs are deleted over time. Particularly in the case of mobile networks, the retention period is short, and logs are deleted after about three months. In order to preserve these logs, it is necessary to obtain a court order prohibiting the deletion of logs through a separate legal procedure.

However, in practice, it is not uncommon for providers to refrain from deleting logs if they receive a notification requesting them not to do so, even without going to court. Even if you only issue a notification, you still need to assert the illegality of the post and gather evidence.

The average cost of hiring a lawyer to create this notification is around 100,000 yen.

Procedure 3 for Identifying the Poster: Request for Disclosure of Name and Address

Next, we have the procedure for requesting the disclosure of the poster’s name and address. This procedure cannot be carried out through provisional measures, so it is necessary to initiate a formal lawsuit. Even if there are posts on Discord that could damage someone’s reputation, if the post is factual and it is considered socially significant to disclose that fact, it could be said that it is inappropriate to disclose the poster’s name and address. Due to the importance of personal information such as addresses and names, the court will only issue an order to disclose the name and address after careful deliberation and recognizing the illegality of the post.

The average attorney’s fees for this procedure are:

An initial fee of around 300,000 yen, and a success fee of around 200,000 yen

https://monolith.law/reputation/reputation-lawyers-fee

This amount is just an average, and it could increase depending on the content and volume of the posts.

Procedure 4 for Identifying the Poster: Claim for Damages

If the disclosure of the name and address is permitted, the name and address of the subscriber of the line used by the malicious poster will be revealed. This will enable you to claim damages for legal fees and emotional distress incurred during the series of procedures.

If the poster can be identified and the claim for damages is successful, the financial burden on the victim will be offset. However, there are cases where the identification of the poster is not always successful, and cases where all the damages cannot be fully recovered.

Summary

If malicious posts are made on Discord, the process of identifying the poster is complex. It is very difficult to carry out such procedures alone, and specialized knowledge is required. If you are troubled by malicious posts on Discord, it is advisable to consult with a lawyer who is knowledgeable about defamation measures on the Internet as soon as possible.