Computer and Video Game Ratings and the Law
The computer and video games industry offers parents an array of tools and information to help parents make educated purchase and rental decisions for their families. The Entertainment Software Rating Board (ESRB) has been called the best rating system in the entertainment industry, providing parents with age-based ratings and over 30 content descriptors that indicate elements in a game that either factored into the rating or may be of interest or concern to the average consumer. Both of these pieces of information appear on the outside of a game’s packaging.
Just the Facts
93 Percentage of time parents are involved in purchase or rental of games.
In a December 2009, the U.S. Federal Trade Commission (FTC) credited the computer and video game industry for “outpacing” other entertainment industries in curtailing the marketing of mature-rated products to children, clearly and prominently displaying rating information, and restricting children’s access to mature-rated products at retail locations across the U.S.
The ESRB has been described as the gold standard for rating systems by family advocates, elected officials and government agencies. “If we are looking for an industry model, I would point to the video game rating system,” said Sen. Joseph Lieberman (I-CT) in 2001. “I believe it is the best media rating system in existence.”
Parents are highly involved in decisions to buy computer and video games, taking an active role in buying and reviewing the games their children play and using the ESRB ratings in their purchasing decisions. According to the ESA’s research, 97 percent of parents monitor game content and 93 percent are involved in the purchase of the games.
What Others Are Saying
They trample on the constitution or they trample on common sense.
| — | Robin Wolaner, Parenting Magazine Founder San Jose Mercury News, April 27, 2010 |
A March 2010 study conducted by Peter D. Hart Research Associates found:
- 86 percent of parents with children who play video games are aware of the ESRB ratings
- 75 percent of parents regularly check a game’s rating before making a purchase
- 98% of parents feel the ESRB rating system is either “very helpful” (76%) or “somewhat helpful” (22%) in choosing games for their children, and 98% are either “very confident” (57%) or “somewhat confident” (41%) that the ESRB rating information accurately describes video game content and reflects their views about appropriateness for their children.
To supplement the information and guidance provided by the ratings, the ESRB introduced expanded game rating summaries in 2008, which are brief yet detailed and straightforward descriptions of the content that factored into a game’s rating. Last year, the FTC praised this additional help for parents:
“The Commission commends the ESRB for its new online ratings summaries, which provide a more detailed explanation of the content that factored into a game’s ratings. This tool should enhance parental understanding of the ratings and the ratings process.”
The ESRB has also partnered with numerous states to produce and broadcast television ads about the ratings; and with the Parent Teacher Association to develop and distribute a booklet for parents with information on ratings, instructions for setting up parental controls on game hardware, information about online game play and a family discussion guide about video games.
The computer and video game industry has created and promoted an extensive program for informing and empowering parents to oversee the games their children play.
Least Restrictive Means – The Law
The extensive tools and programs that ESRB provides to help parents are one reason that government efforts to regulate computer and video games is unlawful. The First Amendment protects interactive entertainment software, and the government generally cannot restrict their sale, any more than it can ban books or movies. One restriction that the First Amendment imposes is that government cannot regulate or ban expression where there are less restrictive methods that would accomplish the government’s goals. This principle was strongly reaffirmed in a recent California case. California had passed a law that regulated the distribution of certain computer and video games. The law was found to violate the First Amendment for several reasons, one of which was that a government ban was not “the least restrictive means” of achieving California’s goals. As the Court of Appeals explained:
“…there remain less restrictive means of forwarding the State’s purported interests, such as the improved ESRB rating system, enhanced educational campaigns, and parental controls.”
Numerous other courts around the country -- in Illinois, Michigan, Louisiana, Oklahoma, and elsewhere -- have reached the same conclusion in striking down similar laws: government cannot regulate video games where other, less restrictive, tools and programs are available. The United States Supreme Court will be reviewing the California law later this year.
Copyright © 2012 — ESA Entertainment Software Association |
 |