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ESRB system to be reviewed and enforced by law
While not the freshest news, it still slipped under PS3fanboy's radar and needs to be brought to light for those of us who may not know. It's called the "Truth in Video Game Rating Act" and it's coming to a legislation near you! Basically, this is a new bill that intends to "direct the Federal Trade Commission to prescribe rules to prohibit deceptive conduct in the rating of video and computer games." So, if something like the Hot Coffee Mod happens again and it's not listed on the game's content properly (even though it's a mod... or assuming this is the case), there will be criminal penalties against the game publishers and developers.There's a second part to the bill that plans to monitor the ESRB more closely. It will decide if using the independant, voluntary rating system is enough, how marketing the game to certain demographics contradicts the rating the game receives, and finally whether a universal system should be adopted across all media. A universal system? That would be nice, since in some countries a movie rated R and a game rated Mature have different age restrictions, but essentially the same content. Anyone disagree? Agree?
Pols want "Truth in Video Game Rating Act"
The ever vigilant Game Politics brings word of yet another video game bill (YAVGB), this one brought to you by a bipartisan group of Congressman spearheaded by Florida Republican Cliff Stearns, seeking "truth in video game ratings." Of course, Stearns is also the Chairman of the House Subcommittee on Commerce, Trade, and Consumer Protection, the same Subcommittee that The Daily Show's Jon Stewart teased for being out-of-touch in June. So what are they seeking with bill HR 5912: "Rating games on only partial content: Unlike the present system, the ESRB would be forced to play games in their entirety." This will immediately become the dream job of gamers everywhere. "Withholding content: Publishers would be on the hook for failing to completely reveal content to the ESRB." Also known as Hot Coffee and Orc boobies are bad. "Gross mischaracterization of content: Although not specifically named, the ESRB would be barred from 'grossly mischaracterizing' (as defined by the FTC) game content." So wait, it wasn't coffee? Check out Game Politics for some more on the bill and their adroit analysis of these politician's motivations: all three sponsors are running for reelection this fall.
No more fining illegal game purchases in Minnesota
Good news to all of us living in Minnesota. A state judge recently delivered a backhanded smack of aggravation to a video game regulation law enacted the previous year. What was the law? Minors caught purchasing a game rated M (for Mature... not that we don't know, but the one letter always seems to come with "for mature" afterwards. Why not just say "rated Mature?" Why "M for Mature?" ...V for Vendetta! Ahem.) would have to pay a fine of $25 big ones. How appropriate?Does anyone remember another post that included this quote about the ESRB ratings system: "the video game rating system is purely voluntary and carries no force of law"? Needless to say, the Entertainment Software Association knew this and filed suit against the state of Minnesota unless the ridiculous law was shot down. It was. Besides, Minnesota Judge Rosenbaum said, there wasn't enough evidence to say M-rated games hurt children. Awesome. So little kiddies, go out and buy those crazy M-games! You only have to pay around $50 for them now -- not $75. Try God of War, you get a nice version of the birds and the bees. Two birds and one bee, even.
The ESRB enacts new plan -- no one is safe
Before we begin, let's outline the best quote: "It all boils down to parental responsibility." We're of course talking about the ESRB rating system and its enforcement. A new initiative was enacted recently involving a seal of approval for participating stores (imagine a "GameStop recommends this title!" sticker... or something.) and a mystery shopper program (which are always fun).In the article from Rocky Mountain News, a 15-year-old was sent into a set of different stores in attempt to purchase GTA: San Andreas. Every store prevented him from purchasing it. What does this portend? Stores selling games seem to know that a young kid shouldn't have something like GTA in his hands. This brings us back to the quote about parental responsibility, because a majority of the young gamers getting M-rated games come down to the parents who buy the games initially. Check out the article for more info on that, but we're here to talk about the PS3 and next-gen gaming.There's such a push for realism in the next-gen race that the ESRB has really grown inconsistent. Look back at the PSX and some of the MA games. Resident Evil, for example. Violent? Sure. Bloody? Pixelated, but sure. Mature themes? Campy zombie movies/games aren't really mature, but let's say yes. Back in the day, yes, it was bad but not really anymore. In the next generation, it's entirely possible to shoot off pieces of a zombie's face. Unless a game involves some type of animals, it seems the next-gen is going to be riddled with MA-rated games. And really, some Teen games are sitting on the edge (look at the language in Final Fantasy 7... if they didn't have the #@%#$!@ all the time, it would have been MA). But is this bad? Not for the aged gamer. However, the market seems to be narrowing its demographic, and the poor 13-16 year old audience may not get to play some of the "great" games coming out because the ESRB is tightening its hold on stores. For what? It's given that "the video game rating system is purely voluntary and carries no force of law". So why is it really that important to enforce? It's up to the parents to say what's right for their child, not the stores. Let us game!
Lousiana judge blocks JT-penned bill
The recently-signed Louisiana violent games bill has been temporarily blocked by a federal judge in Baton Rouge, pending a hearing on June 30th. The bill gained notoriety among gaming circles due to its author: famed anti-game activist Jack Thompson. The law, recently signed by Louisiana governor Kathleen Blanco, would have taken effect immediately.The Entertainment Software Association has already mounted a lawsuit to strike this new law from the records. So far, their track record is flawless, so we are betting the same will be said here.
A look at Penny Arcade's ESRB ad campaign
Last week, the rascally duo from Penny Arcade announced their new ESRB ad campaign featuring Gabe-drawn characters and Tycho-penned backstories. The idea: to make gamers more aware of the ratings system in a hope that this knowledge will somehow be transferred -- through some kind of filial osmosis -- unto their guileless parents. ESRB president Patricia Vance gushes, "In order for the campaign to resonate with the gamer audience, we sought to have a little 'edge' to the creative and let's face it, Penny Arcade comics give a whole new meaning to the term 'comic mischief!'" Indeed. That's why we're hopeful a certain fruit-processing character assumes his rightful throne educating the masses on the finer points of M-rated behavior. In the meantime, we have Sarah here and the Andersons after the break representin' the letter E, with no mention of the additional characters in their press release (PDF).(Update: added new, higher-res screens that are -- get this -- actually legible. Thanks go to Gabe at PA for uploading them. I'll let him say it: "I was disappointed at the resolution of the images they released. Like I said everyone here is extremely proud of these ads and so I'll go ahead and post some better versions. These are designed to be read in a magazine. The idea is that kids will actually be turning the page around in order to read the text. It doesn't quite work as well with a monitor but you get the idea.")
Minnesota targets minors in new gaming law; ESA to file suit
Minnesota governor Tim Pawlenty signed into law yesterday bill SF0785, which targets minors attempting to purchase M and AO-rated games. Such persons under the age of 17 (and thus, likely their parents) will be required by law to pay a fine "civil penalty of not more than $25." ESA president Doug Lowenstein has expressed his intentions to file a lawsuit to have the law struck down, citing how "six courts in five years ... have struck down similar laws, ruling that they were unconstitutional."We doubt the law, which theoretically could see 12-year olds receiving fines, will survive the lawsuit. According to Lowenstein, "to enact 'feel good' bills knowing they're likely to be tossed by the courts is the very height of cynicism." What both sides need to remember, however, is that they share one common principle: that children should not be playing ultra-violent games like Grand Theft Auto.Call us cynical, but frivolous legislation (and the subsequent lawsuits that strike them down) will be around for a very long time, until lawmakers have another target or ideal they can use to exemplify their "pro-family" platform. Books, dancing, film, rock and roll, television ... video games is just the latest in a long line of entertainment decried as moral decadence.
Penny Arcade creating ESRB ad campaign
With an angry mob of politicians and parents (and pareticians) waving their pitchforks and torches at the ESRB's front door these days, launching a new ad campaign might be a wise move -- at least a good deal wiser than dumping gallons of hot oil on your detractors. The powers that be at the ratings board have tapped none other than the Penny Arcade crew to create a new marketing initiative aimed specifically at gamers, one that hopes to illustrate the importance of those letters you may have glimpsed on American game covers.Thanks to the involvement of people who have actually played games before, it's a safe conclusion that we'll be spared from the usual in-your-face X-treme to the max gamer representatives that only exist in the minds of ill-informed marketing types. Instead, Gabe and Tycho have spent the last few months creating a series of characters, each one being paired with one of the ESRB ratings. As you might have expected, Tycho has already written short narratives for all the characters that explain just how the ESRB impacts upon their lives. These will no doubt be filled with words too gigantinormonomical to comprehend.Though some teaser images were already shown at E3, Penny Arcade says that the full campaign will be invading magazines and websites very soon. We're hoping that 'ole DivX machine will be teaching us the ins and outs of the M-rating.
The great divide: UK vs US censorship
When listing the differences between the UK and the USA one usually thinks of spelling, gastronomy and driving on the wrong side of the road, rather than film and game censorship. However, this fascinating post at Terra Nova (along with its thriving comments thread) delves into the differences between the BBFC and MPAA, as well as cultural factors, to try and establish why American consumers are less happy to have age restrictions on games.The whole thread gives an international perspective to current debates over the censorship of violent games. While sexual content in games can be treated as pornography, the lack of existing US legislation covering violence across other media means that singling games out is plain unfair. In the UK, however, ratings of violent and extremely realistic games fall under the Video Recordings Act, which covers any recorded video media.We have to wonder when games will get a category of their own and stand alongside more established media such as film and TV. In the meantime, to find out more about international game classification, Wikipedia's a great place to begin.
Minnesota fines minors $25 for M-rated games
Despite constitutional setbacks regarding similar bills across the country (most recently in Michigan), Minnesota state representative Jeff Johnson seeks to limit the sale of violent video games to minors with a new approach: fine the underage consumers of M or AO-rated games and not the retailers. Bill HF1298 also requires that retailers display signs explaining (the evidently not self-explanatory) ratings system that prominently marks (mars?) the packaging of every game sold in this country. While the bill has passed the Minnesota House, it still requires the signature of Governor Tim Pawlenty before it becomes law ... and before the gaming industry mounts its challenge. Speaking with GamePolitics, Johnson was cognizant of the constitutional issues saying, "...we are using the ESRB ratings. I can see a court saying you can't use private industry to create the law, but there's no way around that because everything else anyone has tried has been unsuccessful. The other piece is that so far no court has found a strong enough link (between game violence and youth violence)."I would urge Representative Johnson so consider why that is. It's not for lack of trying.
Bethesda responds to Oblivion rating change
Bethesda has issued an official statement addressing the ESRB's decision to change Oblivion's rating from Teen to Mature. The developer will not contest the change, but insists that a "full, accurate, and comprehensive" report of Oblivion's content was submitted to the ESRB before the game's release. That report included a 60-page document that detailed all "explicit language, acts, and scenes in the game."Bethesda's report did not list nudity because "[there] is no nudity in Oblivion without a third party modification." The existence of topless heroines is not a result of unlockable content, but rather, a result of third party tools used to modify the game's art archive. With that said, it's difficult to justify the ESRB's decision to include "nudity" as part of the PC version's explicit content.Bethesda also confirms that there will not be a recall, nor will the game's content be changed in order to retain the Teen rating. Instead, future copies will be printed with Mature rating labels, and M-rated stickers will be applied to all existing unsold copies of Oblivion.Note: Both the PC and Xbox 360 versions of Oblivion have been re-rated.
Hidden boobies incite Oblivion rating change [update 1]
The ESRB has changed the rating of the PC version of Oblivion from T (Teen) to M (Mature). The ratings board enacted the change because the game contains stronger depictions of violence than what were featured in the content that was submitted to determine the original rating. But more importantly, the new M-rating is a result of hidden (archived) topless skin files that can be accessed via a fan-created mod.At this time, it's unclear if a recall will be issued, but the new rating, along with the addition of a "nudity" warning, will be applied to copies of Oblivion that are still on store shelves. It's also possible that Take-Two will force Bethesda to remove the archived files and re-release the game, in turn, regaining the T-rating.Update: the Xbox 360 version has also been re-rated to M due to "Blood and Gore, Language, Sexual Themes, Use of Alcohol, Violence" [via ESRB]. [Thanks, Scott]
104 violent deaths per hour in M-rated games, says Harvard study
A group of Harvard brainiacs recently put together a study that attempted to quantify violence, blood, sex, profanity, drugs, and gambling in M-rated games. To do this, the grad students compiled a database of M-rated games, selected a random sample, played each game for at least one hour, and quantified the "mature" content. Among other observations, the study found that gamers witness roughly 104 violent deaths per hour while playing M-rated titles.The report's conclusion: "Parents and physicians should recognize that popular M-rated video games contain a wide range of unlabeled content and may expose children and adolescents to messages that may negatively influence their perceptions, attitudes, and behaviors." [via GameBrink]
Sales of M-rated games to kids declining, reveals undercover survey
According to an undercover survey conducted by the Federal Trade Commission between October 2005 and January 2006, sales of Mature-rated games to minors have decreased significantly since 2003. The results reveal that only 42% of the survey's shoppers (ages 13 to 16) were able to purchase an M-rated title without an adult — compared to 69% in 2003. In addition, only 35% of the survey's shoppers scored an M-rated game at a national retail outlet (e.g. GameStop, EBGames, etc.). Local sellers were less strict, selling to kids 69% of the time.The survey also found that 44% of stores posted ratings information, compared to a paltry 27% three years ago. And at half of the 406 stores involved in the survey, cashiers carded kids who attempted to buy M-rated games — up from 24%. Hal Halpin, president of the Interactive Entertainment Merchants Association, concluded, "[With] the industry responding in such a visible and proactive fashion, it is clear that legislative efforts are simply not required." Amen.
