In a historic turn for Nepal, Sushila Karki was elected as the country’s new Prime Minister, a moment shaped in part by the active involvement of young voters and digital communities. Following years of political unrest and a grassroots “revolution” led by Gen Z activists, platforms like Discord became key spaces for discussion, debate, and even informal voting. As technology increasingly intersects with politics, understanding the legal landscape—both in Nepal and abroad—has never been more important. Discord, a platform originally designed for gamers, contrasts with larger social networks like Facebook in how it handles content, user data, and legal requests. Lessons from U.S. events such as the Capitol Hill uprising show the critical role of law in regulating digital spaces while balancing free expression, a challenge Nepal faces as it navigates elections in 2025.

By: Abarna Kamalakumaran

What is Discord?

Discord is the communications platform that enables people aged 13+ to build meaningful connections around the joy of playing games through voice, video and text features.

Discord users can communicate in two types of spaces:

Direct messages (DMs) and group direct messages (GDMs) allow users to communicate one-to-one (DMs) or with a small group of people (GDMs) who have all been invited to the conversation.  Participants can engage in voice, video, and/or text-based communications within a single DM or GDM.

Servers are digital spaces where groups of friends or communities can come together to communicate.  Servers are made up of text and voice/video channels.  The vast majority of servers are small, invite-only spaces for groups of friends and communities to stay in touch and spend time together. There are also larger, more open communities, generally centered around specific games or topics.

Discord Legal Framework Summary and Relevance to Nepal

[1] Discord, as a U.S.-based platform, regulates access to user data and content through several key U.S. laws:

• Emergency Disclosure Requests – Under 18 U.S.C. § 2702(b)(8) & (c)(4), Discord may disclose user data without delay if there is an imminent risk of death or serious bodily injury. This allows law enforcement to act quickly in crises.

• Data Preservation Requests – Under 18 U.S.C. § 2703(f), Discord preserves account data for 90 days (extendable) upon government request, including from foreign law enforcement.

• Legal Requests for User Data – Discord responds to valid legal processes in line with the Stored Communications Act (18 U.S.C. § 2701 et seq.), Pen Register Act (18 U.S.C. § 3121 et seq.), and Wiretap Act (18 U.S.C. § 2510 et seq.). International authorities are generally expected to use mutual legal assistance treaties to request data.

• Government Content Reports and Takedowns – Discord complies with lawful takedown requests under regulations such as the EU Digital Services Act and the UK Online Safety Act, allowing authorities to remove illegal content from the platform.

• User Notice & Exceptions – Discord typically notifies users when data is requested unless prohibited by law, emergency, or cases involving child exploitation (18 U.S.C. § 2705(b)).

Relevance to Nepal’s Political Context

Discord’s U.S.-centric legal safeguards mean that foreign authorities including Nepalese election or law enforcement agencies would need to navigate mutual legal assistance treaties to request user data or intervene in election-related content. During Nepal’s PM election, this framework limits direct access to Discord user activity or campaign material without formal legal requests, protecting user privacy under Discord’s policies.

Emergency disclosure and child safety provisions could still apply if election-related threats or illegal activity posed imminent risks. The platform’s compliance with takedown requests and content regulation means that any harmful or illegal campaign content could be flagged or removed through proper legal channels.

Facebook and the Capitol Riot: Lessons in Digital Law
The January 6, 2021, Capitol Hill uprising in the U.S. demonstrated the powerful—and sometimes dangerous—role of social media in politics. Platforms like Facebook were used to organize rallies, spread misinformation, and coordinate actions that culminated in the storming of the Capitol. In the aftermath, Facebook faced intense scrutiny for failing to act quickly on harmful content, prompting reforms around content moderation, data transparency, and cooperation with law enforcement. The events highlighted how digital platforms can influence political behavior and the importance of legal frameworks to balance free expression with public safety.

[1] Discord. (2024, February 13). How to Find User IDs for Law Enforcement. Discord Support.