Congressman Sponsors "Truth in Video Game Rating Act"

[motivez]

Subcommittee Chairman Rep. Cliff Stearns (R-FL, seen at left) has formalized his issues with the ESRB by introducing HR 5912, the so-called "Truth in Video Game Rating Act."

Among its provisions, Stearns' legislation directs the Federal Trade Commission "to prescribe rules to prohibit deceptive conduct in the rating of video and computer games." Under terms of the proposed bill, the following would be defined as unlawful:

- Rating games on only partial content: Unlike the present system, the ESRB would be forced to play games in their entirety

- Withholding content: Publishers would be on the hook for failing to completely reveal content to the ESRB.

- Gross mischaracterization of content: Although not specifically named, the ESRB would be barred from "grossly mischaracterizing" (as defined by the FTC) game content

Perhaps more significantly, Rep. Stearns' legislation would also compel the Government Accountability Office (GAO) to conduct a study in order to determine the effectiveness of the ESRB system; whether content ratings systems should be peered-reviewed; whether an independent ratings system would be better; how commonly underaged buyers can purchase M-rated games; as well as the possibilities for a universal ratings system.

Co-sponsoring Stearns' bill are Rep. Jim Matheson (D-UT) and Rep. Mike McIntyre (D-NC). Matheson is also the sponsor of HR 5345, retail-oriented video game legislation introduced during the week of E3 2006.

Perhaps not surprisingly, Stearns, Matheson, and McIntyre are all running for re-election in November.

Actual text of the bill:

To direct the Federal Trade Commission to prescribe rules to prohibit deceptive conduct in the rating of video and computer games.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Truth in Video Game Rating Act'.

SEC. 2. DECEPTIVE RATINGS OF VIDEO GAMES.

Not later than 1 year after the date of enactment of this Act, the Federal Trade Commission shall prescribe rules under section 553 of title 5, United States Code, to prohibit the following as an unfair and deceptive act or practice prescribed pursuant to section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)):

(1) RATING GAME ONLY ON PARTIAL CONTENT- Such rules shall prohibit any person or entity from providing a content rating of any video or computer game that is to bear a label containing such content rating when sold or distributed in interstate commerce unless such person or entity has reviewed the content of the video or computer game in its entirety.

(2) WITHHOLDING CONTENT FOR RATING- Such rules shall prohibit any person who produces, sells, or otherwise distributes video or computer games in interstate commerce from withholding or hiding any content of the video or computer game from, or in any other manner failing to disclose any content of the video or computer game to, the person or entity to whom the video or computer game is submitted for the purpose of obtaining a content rating.

(3) GROSS MISCHARACTERIZATION OF CONTENT- Such rules shall prohibit any person or entity that provides a content rating for a video or computer game that is to bear a label containing such content rating when sold or distributed in interstate commerce from providing a content rating that grossly mischaracterizes (as defined by the Commission in such rules) the content of the video or computer game.

SEC. 3. G.A.O. STUDY.

(a) Study- The Comptroller General shall conduct a study to determine--

(1) the effectiveness of the ESRB video and computer game content ratings system, including content ratings for on-line or Internet-based games;

(2) whether content ratings systems, like that used by the ESRB, should be peered-reviewed;

(3) whether an independent ratings system would offer better accuracy and effectiveness in content ratings for video and computer games;

(4) the prevalence of marketing video and computer games to audiences that fall under the age-based content ratings of those games; and

(5) the efficacy of a universal ratings system for visual content, including films, broadcast and cable TV, and video and computer games.

(b) Report- The Comptroller General shall transmit a report on the findings of the study conducted pursuant to subsection (a) to Congress not later than 180 days after the date of enactment of this Act. The report shall contain recommendations regarding effective approaches to video and computer game content ratings that address the unique ratings challenges of on-line and Internet-based video games.

SEC. 4. DEFINITIONS.

As used in this Act--

(1) the term `content', with respect to video and computer games, means all of the visual images and sounds that are included as part of the recorded data of the video or computer game;

(2) the term `content rating' means any rating of the content of a video or computer game provided to notify consumers of any content which may be offensive to consumers or may not be suitable to persons of varying ages, including such content as violence, graphic sexual content, nudity, or strong language;

(3) the term `ESRB' means the Entertainment Software Ratings Board; and

(4) the term `video or computer game' means any electronic object or device that creates an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, console, or other technology.

I think this is good. I think an effective ratings system is way better than the Government trying to tell us what can and can't be in video games.

Hopefully a more accurate ratings system will lead to parents making better choices and there would be less outcry over things like the GTA scandal awhile back about it having some hidden sexual content.. though I think if you're buying your kid a game where they can shoot cops and steal cars, having their game character sexing up a stripper or whatever is probably not very highly ranked on your "list of stuff I dont want my kids to glorify"

I wonder if they'll actually themselves sit down and "play through" the game content or whether they'll hire people to do it for them? I can't see them playing through all of a game like Oblivion or something like that.. and what about games like EQ or WoW.. that have dynamic and changing content on a near weekly basis?

[WickedLou9]

I agree. Provide people the information that they need to make thier own informed decisions.

[Scrum]

This is ok I guess, I would rather the parents just pay attention to what their kids are doing but informing people better is always good.

The funnies part of the GTA "Scandal" was that people freaked out of a mod that was made by an independant user. Companies can't have their games rated based on what someone else may do with it.

[motivez]

Well, parents probably don't have time to play through a video game and check on the content, so ratings are the next best thing as long as they're accurate

I didn't hear that thing was a 3rd party mod, I thought it was some hidden code in the original game..?

[thomez]

the federal govt should have 0 concern about video game content

if you want ratings, pay for the Consumer Reports "Video Game Issue" or demand the companies pay for outside ratings or whatever

more wasted tax dollars by our increasingly retarded federal govt

[Scrum]

Originally Posted by thomez

the federal govt should have 0 concern about video game content

if you want ratings, pay for the Consumer Reports "Video Game Issue" or demand the companies pay for outside ratings or whatever

more wasted tax dollars by our increasingly retarded federal govt

I thought the ESRB was outside the government?

[thomez]

Originally Posted by Scrumtralecent

I thought the ESRB was outside the government?

this is regulation that will be spending tax dollars through the FTC and the GAO to worry about video games - neither the regulation nor the wasted tax dollars are acceptable

[Scrum]

Originally Posted by thomez

this is regulation that will be spending tax dollars through the FTC and the GAO to worry about video games - neither the regulation nor the wasted tax dollars are acceptable

I always figured they forced the companies to pay for the ratings.

[thomez]

and that would be regulation of an overbearing federal government

I'm sure the game companies are not paying FTC and GAO employees for their time spent, however. Possibly they pay for the ESRB or share cost. The notion that they are required to rate games by the govt is pretty ridiculous in itself.

[Concept]

Originally Posted by thomez

the federal govt should have 0 concern about video game content

if you want ratings, pay for the Consumer Reports "Video Game Issue" or demand the companies pay for outside ratings or whatever

more wasted tax dollars by our increasingly retarded federal govt

* And thomez for the three! *

- buzzerbeater -

It's good!

Dude,

[Comrade Ramius]

Originally Posted by thomez

more wasted tax dollars by our increasingly retarded REPUBLICAN federal govt

thought i would point that out, for both emphasis and for irony factor

[thomez]

Originally Posted by Comrade Ramius

thought i would point that out, for both emphasis and for irony factor

the bill is co-sponsored by 2 democrats and they will vote for it and other stupid waste so they are in no way innocent

[Comrade Ramius]

Originally Posted by thomez

the bill is co-sponsored by 2 democrats and they will vote for it and other stupid waste so they are in no way innocent

Of course, but the Democratic Party already IS the party of throwing money at a problem, so there's not much of an issue there.

[ballz2wallz]

Originally Posted by Comrade Ramius

thought i would point that out, for both emphasis and for irony factor

oh give me a break. you can't make this a partisan issue, as the democrats have ALWAYS been the ones about censoring media and entertainment. the democrats for years have been saying violent video games and movies are responsible for bad teenagers in the US. they have been for years trying to make those prohibited, or at least more restricted.

[Concept]

No, parents make 'bad' teenagers.

[motivez]

There's a real lack of taking responsibility for things like this, music choices, etc for their children.. and then turn around and blaming the government when something messed up happens

[Concept]

[Comrade Ramius]

Originally Posted by ballz2wallz

oh give me a break. you can't make this a partisan issue, as the democrats have ALWAYS been the ones about censoring media and entertainment. the democrats for years have been saying violent video games and movies are responsible for bad teenagers in the US. they have been for years trying to make those prohibited, or at least more restricted.

im not making the issue itself partisan, im just pointing out the fact that the historically fiscally conservative party seems to be the one with the ever-expanding budget.

That's all.

[Diesel66]

Originally Posted by Scrumtralecent

This is ok I guess, I would rather the parents just pay attention to what their kids are doing but informing people better is always good.

The funnies part of the GTA "Scandal" was that people freaked out of a mod that was made by an independant user. Companies can't have their games rated based on what someone else may do with it.

It wasnt a mod, they just unlocked something that Rockstar was going to put in the game.

[Kytro]

Originally Posted by motivez

There's a real lack of taking responsibility for things like this, music choices, etc for their children.. and then turn around and blaming the government when something messed up happens

Messed up such as?