||14th June 2016 |
5 years on since California was prevented from censoring video games in the name of child protection. By Christopher J. Ferguson
article from huffingtonpost.com
July 2015 |
US anti-games campaigner, Jack Thompson, talks video game violence and censorship
See article from viralglobalnews.com
||11th February 2014 |
Game ratings were designed to open the door for different kinds of content, not limit what can be shown or addressed in a video game.
article from polygon.com
Connecticut a morality tax of 10% on Mature Rated computer games
|10th March 2013
See article from gamepolitics.com
The Escapist reports that Connecticut State Representative Debralee Hovey has introduced H.B. No. 5735, or an act establishing a sales tax on certain video games.
The bill would add a 10% tax in Connecticut on video games rated Mature
by the ESRB, which would then be redirected to the State's department of Mental Health and Addiction Services.
US senator introduces a bill to ban under 18s from playing shoot 'em up games in amusement arcades
||7th February 2013 |
See article from gamepolitics.com
Connecticut State Senator Toni Nathaniel Harp has introduced a bill, SB No. 328, An Act Concerning Minors and Violent Point-and-shoot video Games .
The proposed bill aims to prevent minors (under 18s) from using violent
point-and-shoot video games in public arcades. The bill does not address what ratings these games might have (would it prohibit the use of games by minor even if they are rated Teen by the ESRB) or what the penalty for operators or businesses
that violate the statue.
Senator proposes bill to study effect of computer games on children
||20th December 2012 |
Thanks to David
Senator Jay Rockefeller has introduced one of Congress' first pieces of legislation related to the tragedy in Newtown, Connecticut: a bill to study the impact of violent video games on children. He said:
This week, we
are all focused on protecting our children. At times like this, we need to take a comprehensive look at all the ways we can keep our kids safe. I have long expressed concern about the impact of the violent content our kids see and interact with every
Recent court decisions demonstrate that some people still do not get it. They believe that violent video games are no more dangerous to young minds than classic literature or Saturday morning cartoons. Parents, pediatricians,
and psychologists know better. These court decisions show we need to do more and explore ways Congress can lay additional groundwork on this issue. This report will be a critical resource in this process.
Rockefeller's bill would
direct the National Academy of Sciences to lead the investigation on video games' impact and submit a report on its findings within 18 months.
The legislation comes after reports suggested that Sandy Hook shooter Adam Lanza may have played video
games like Call of Duty and Starcraft .
|25th March |
US lawmakers want to label nearly all video games with a health warning about violent games
See article from
US lawmakers have proposed a bill that would label most video games with the warning:
Exposure to violent video games has been linked to aggressive behavior.
Joe Baca and Frank Wolf have introduced the
Violence in Video Games Labeling Act citing the supposed negative effects that video games have on people's health, despite increased findings that suggests otherwise.
The video game industry has a
responsibility to parents, families and to consumers, to inform them of the potentially damaging content that is often found in their products, They have repeatedly failed to live up to this responsibility.
If the bill passes,
the only games that would be exempt would be those with an ESRB rating of Early Childhood (EC). All others would require the warning on the game box, regardless of whether the game actually featured violent content.
Previous attempts to pass the
bill occurred in 2009 and 2011. The Entertainment Software Association, which represents video game publishers in the US, called the bill unconstitutional. In a statement made to Game Informer, the trade group said:
We would commend Representatives Baca and Wolf to the reams of bourgeoning academic research demonstrating that video games can be innovative learning and assessment tools in engaging and educating America's youth, especially in core
subjects such as science, technology, engineering and math.
|27th June |
US Supreme Court strikes down law banning retailers from selling violent games to minors
Thanks to emark
Based on article from bbc.co.uk
The US Supreme Court has struck down a Californian law banning the sale or rental of violent video games to those aged under 18.
The court voted 7-2 to uphold an appeals court ruling that declared the law contrary to free speech rights enshrined
in the US Constitution.
Speaking at the Supreme Court, Justice Antonin Scalia said: Our cases hold that minors are entitled to a significant degree of First Amendment protection. Government has no free-floating power to restrict the ideas to
which they may be exposed.
The 2005 California law prohibited the sale of violent video games to children where a reasonable person would find that the violent content appeals to a deviant or morbid interest of minors, is patently offensive
to prevailing community standards as to what is suitable for minors, and causes the game as a whole to lack serious literary, artistic, political or scientific value for minors . Under the law retailers caught selling the titles to minors could face
a fine of up to $1,000 for each game.
|23rd June |
US Supreme Court due to decide if California's age restrictions on violent computer games are lawful
See article from
In November, the United States Supreme Court heard arguments in the case of Schwarzenegger vs. Entertainment Merchants Association. Seven months later, the Justices have yet to decide whether or not California can regulate the sale of violent video
games, but with the court now in the last two weeks of its term, a ruling is imminent. The case is now known as Brown vs. EMA.
In 2005, the California legislature passed AB 1179, a law that would punish retailers who sold or rented violent,
mature-rated videogames to anyone under 18 years old. The lower court quickly struck down the law on free-speech grounds, as did lower courts in a dozen other states over the years that attempted to enact similar pieces of legislation.
Court agreed to consider California's case in April 2010. During the hearing, California attorney Zackery Morazzini argued that states should be able to ban the sale of violent video games to anyone under 18 just as they can restrict the sale of
Due to the end of court session, the judgement is due in the next week. The court could also extend the current session into July if it is unable to make a decision on the matter, though such extensions are rare.
|3rd November |
US Supreme Court reviews Californian law imposing age restrictions on computer games sales
Based on article from
Retailers who sell the latest Halo or Call of Duty video games to children would face big fines under a law being reviewed by the Supreme Court.
Despite receiving sympathy from some justices, the California law that aims to keep kids
from buying ultraviolent video games faces a steep constitutional hurdle.
The high court has been reluctant to carve out exceptions to the First Amendment, striking down a ban earlier this year on so-called crush videos that showed actual deaths
California officials argue they should be allowed to limit minors' ability to buy violent video games because of the potential damage. The games are especially harmful to minors, said Zackery Morazzini, a California deputy
The law would bar anyone under 18 from buying or renting games that give players the option of killing, maiming, dismembering or sexually assaulting an image of a human being.
Parents would be able to buy the games
for their children, but retailers who sell directly to minors would face fines of up to $1,000 for each game sold.
Some justices wondered where the regulation would stop. What about films? asked Justice Ruth Bader Ginsburg. What about
comic books? added Justice Antonin Scalia, wondering if movies showing drinking and smoking might be next.
Lower courts have said the law violates minors' constitutional rights, and courts in six other states struck down similar bans.
The Supreme Court's decision is expected next year.
|8th July |
Game producers worry about Supreme Court review of age restrictions for video games
Based on article from computerandvideogames.com
A law that threatens to classify adult video games as X-rated entertainment in the US has been slammed by bosses of major games publishers.
The US Supreme Court agreed in April to review a motion prohibiting the sale or rental of violent video
games to minors.
The law would allow individual states to impose sales restrictions on violent games - effectively putting them into the same category as pornography, and restricting their sale to adult citizens.
The Supreme Court is
reviewing a federal court's decision to throw out California's ban - which was originally signed by Arnold Schwarzenegger.
It's very, very surprising that the Supreme Court is hearing the case, Strauss Zelnick, CEO of Rockstar parent Take
Two told CNBC: I'm worried about it, and I think everybody in our business should be really worried about it.
Graham Hopper, EVP and general manager of Disney Interactive added: It's not about having a dramatic impact on our bottom line.
It's going to make our retailing abilities a nightmare.
Other games industry figures spoke of their fear that other states would push through their own version of the bill - meaning developers would have to create multiple version of games to
suit each territory's individual criteria: One of America's great exports is entertainment, commented John Riccitiello, CEO of EA. The implication of Schwarzenegger v. ESA (the case before the Court) is we could end up with state level
bureaucracies that define what's marketable in 50 different jurisdictions across the U.S.
Sony's Jack Tretton was more positive about the Supreme Court's decision to hear the case. We believe as an industry that the primary reason the
Supreme Court is hearing it is despite the fact that this law has been struck down, [the issue] has come up 12 times [previously] . I think the Supreme Court is looking at it to potentially see if there's something to it or to put an end to it
once and for all.
The court will hear arguments in this case in the autumn.
|20th June |
Louisiana Senate passes bill targeting the sale of prohibited material to minors
12th June 2009. Based on article from gamepolitics.com
By a 35-0 vote, the Louisiana Senate passed SB 152, a bill which would make a pattern of distributing sexually explicit material to children a deceptive trade practice under state law.
SB 152 was drafted by disbarred Miami attorney Jack Thompson
as a back-door means of enforcing ESRB content ratings. The original SB 152 mirrored Thompson's Utah bill, which was vetoed by Utah Gov. Jon Huntsman in March. However, bill sponsor Senator A.G. Crowe subsequently gutted Thompson's focus on age
ratings from the bill, amending it instead to its new focus on the distribution of sexually explicit material to minors.
Unlike the Utah bill, SB 152 doesn't make reference to video games, advertising, age ratings or any specific product, for
The basic idea is that any retailer that sell prohibited material to minors aren't allowed to describe themselves as family friendly or similar.
Now that it has been passed by the Senate, the next stop for SB 152 is the
Louisiana House of Representatives.
Update: Game Over
20th June 2009. Based on article from gamepolitics.com
Louisiana Senate Bill 152 began
life as a clone of Jack Thompson's failed Utah legislation and died quietly this week in the Commerce Committee of the Louisiana House, according to The Old River Road, a blog which tracks Louisiana politics.
Although Crowe's Senate colleagues
passed the bill overwhelmingly, House members seemed less impressed. At a hearing earlier this week the bill was diverted to the Commerce Committee.
|26th March |
Utah governor vetoes law aimed at enforcing age restrictions on games
Utah Governor, Jon Huntsman, has vetoed HB 353, the video game/movie bill passed overwhelmingly by the Utah House and Senate.
Saintless has Gov. Huntsman's explanation of his veto:
After careful consideration and
study, I have decided to veto HB 353...
While protecting children from inappropriate materials is a laudable goal, the language of this bill is so broad that it likely will be struck down by the courts as an unconstitutional violation of the
Dormant Commerce Clause and/or the First Amendment.
The industries most affected by this new requirement indicated that rather than risk being held liable under this bill, they would likely choose to no longer issue age appropriate labels on
goods and services.
Therefore, the unintended consequence of the bill would be that parents and children would have no labels to guide them in determining the age appropriateness of the goods or service, thereby increasing children's potential
exposure to something they or their parents would have otherwise determined was inappropriate under the voluntary labeling system now being recognized and embraced by a significant majority of vendors.
|14th March |
Utah passes bill targeting the selling of mature games to youngsters
A fair few US states have tried to laws to prohibit computer games sellers from retailing Mature rated games to under 17 year olds. Such laws have been found to be unconstitutional.
But Utah have come up with a new angle. They are targeting shops
that advertise themselves as family friendly etc. (And American stores do like to emphasise this). If the shops then go on to sell Mature games to youngsters then law HB353 enables parents to sue such shops for false advertising of their family friendly
Following a lively debate, the Utah State Senate have now passed HB 353 by an overwhelming 25-4 margin.
|21st February |
California attempt to restrict violent computer games declared unconstitutional
Based on article from theregister.co.uk
A California federal appeals court has ruled that a state law criminalizing the sale of violent video games to children is a violation of the right to free speech.
The law was first penned by Democrat senator Leland Yee and signed into law by
Governor Arnold Schwarzenegger in 2005. But shortly thereafter, it was soon blocked by a federal judge, and it never took affect.
It sought to prohibit the sale or rental of video games depicting serious injury to humans in a manner especially
heinous, cruel or depraved.
Any game judged patently offensive to children based on the prevailing standards in the community sold in California would require a 2- by 2-inch solid white '18' displayed on the front of the case.
Store owners caught selling violent games to underage tykes would face a fine up to $1,000.
The Ninth US Circuit Court of Appeals in San Francisco today upheld the lower court's decision declaring the ban unconstitutional.
In a 3-0
ruling, Judge Consuelo Callahan said California could only justify the ban if the state could not only prove violent video games caused actual psychological harm, but that the best way to prevent it was through criminalization. The court also shot down
the act's labeling provision because it doesn't require the disclosure of purely factual information but compels carrying the legislature's controversial opinion.
|25th July |
Law to restrict games sales to minors submitted to US Senate
Senator Roger Wicker has introduced a bill in the United States Senate which would:
- prohibit the distribution or sale of video games that do not have age-based content rating labels
- prohibit the sale or rental of video games with adult content ratings to minors...
The full text of the bill, S.3315 is not yet available on the Senate's legislative website. Thus far the bill has no co-sponsers. The measure has been referred to the Senate's Committe on Commerce, Science, and Transportation.
received unconfirmed word that Wicker's bill is the Senate version of the Video Games Rating Enforcement Act introduced in the House by Reps. Jim Matheson and Lee Terry earlier this year.
|23rd July |
New York State Governor signs bill mandating video game ratings
New York Governor, David Paterson, has signed video game legislation passed by the Senate and Assembly into law.
The Video Game Bill establishes an advisory council to conduct a study on the connection between interactive media and real-life
violence in minors exposed to such media.
This bill will also require new video game consoles to have parental lockout features by 2010, and mandate that games sold at retail disclose the ratings obtained from the gaming industry's voluntary
Will there be a court challenge? Game Politics put this question to the trade association ESA, who said that they are reviewing their options. For a variety of reasons, the main one being that the bill has no real teeth, it's
entirely possible that the industry will just live with it.
|25th June |
New York State passes bill mandating video game ratings
from Game Politics
The New York State Senate has voted 61-1 to approve a bill proposed by Senator Andrew Lanza.
The video game bill mirrors that passed yesterday by the State Assembly and the measure will now go to Gov. David Paterson for consideration. If Paterson
signs the bill, it will become law in 2010.
Prior to that, however, the video game industry is likely to sue, arguing that the measure is unconstitutional.
The bill says that every video game sold in the state of New York simply should
have a rating consistent with what the ESRB does presently in a voluntary way.
Last year's version included a provision that would have made it an E-felony to sell these games. This was taken out for the latest bill.
|20th March |
US political nutters pick up on Vaz's ludicrous claim that some games feature rape
See full article from Game Politics
Last Month, British Parliamentarian and frequent video game industry critic Keith Vaz sparked a bit of controversy by claiming that interactive rape is depicted in video games.
A top aide to Boston Mayor Thomas Menino apparently offered similar
commentary at yesterday’s hearing by the Massachusetts Legislature’s Joint Committee on the Judiciary concerning HB1423, a proposal designed to restrict the sale of violent video games to minors.
Larry Mayes, Menino’s director of Health and Human
Services, urged lawmakers to view for themselves some “Mature”-rated games, many of which award players points for shooting people, raping women or setting people on fire. Mayes pointed to several researchers who have found a correlation between such
games and aggression: I’m sure you will conclude Mayor Menino is in fact right to do all he can to protect children, even if it means pushing back on a multi-billion-dollar industry.”
Game Politics said: As we asked Keith Vaz when he
made similar remarks, can Larry Mayes name even a single game which features rape as a playable option?
|18th March |
Attempts to legally ban minors from buying mature games
See full article from Game Politics
A 2006 Minnesota law sought to fine kids - not retailers - $25 for attempting to purchase a game for which the ESRB rating deemed them too young. The law was promptly overturned by U.S. District Court Judge James Rosenbaum, who, in a novel judicial move,
tried out several violent games on his law clerk’s Xbox.
Following Judge Rosenbaum’s ruling that the law was unconstitutional, Minnesota opted to appeal to the 8th U.S. Circuit. That case was argued before the Court in February of last year. Now,
as reported by the Minneapolis Star-Tribune, the 8th Circuit has upheld Judge Rosenbaum’s finding that the Minnesota law is unconstitutional.
From the newspaper report: See full article
from Game Politics
While the judges upheld Rosenbaum’s ruling that
violent games are entitled to First Amendment protections, they did so reluctantly.
[Judge] Wollman wrote that whatever our intuitive (dare we say commonsense) feelings regarding the effect that extreme violence portrayed in the
above-described video games may well have upon the psychological well-being of minors, precedent requires incontrovertible proof of a causal relationship between exposure to the games and some psychological harm.
The state failed to meet that
burden, Wollman wrote… Indeed, a good deal of the Bible portrays scenes of violence, and one would be hard-pressed to hold up as a proper role model the regicidal Macbeth, Wollman wrote.
The Massachusetts legislature will hold a hearing on Tuesday to consider House Bill 1423, a video game measure introduced last year but not acted upon.
In its current form the bill closely resembles the Jack Thompson-authored Louisiana video game
law, which was ruled unconstitutional by a U.S. District Court judge in 2006. Indeed, Thompson was involved in drafting the original version of the Massachusetts bill.
Although Boston Mayor Thomas Menino has been an advocate of HB1423, the main
legislative sponsor is Rep. Linda Dorcena Forry.
HB1423 is a “games-as-porn” bill which would seek to restrict minors from buying violent video games under the same 'harm' rationale used to block them from buying sexually explicit materials.
Update: Game for an Appeal
17th April 2008
The state of Minnesota has filed an appeal of a recent 8th Circuit Court decision which
invalidated its 2006 “fine the buyer” video game law.
Perhaps more than any previous case, the unusual Minnesota law, which would fine underage buyers of violent games $25, has a chance to beat the video game industry’s legal challenges.
Update: Sent into Study
10th May 2008
The Massachusetts measure has been “sent into study,” which essentially means it is on life
support. From the Business Journal story:
Menino’s proposal, which would make it illegal for minors to buy video games with graphic content, was sent into study in March — a big win for the state’s burgeoning video game
But the mayor, seeing a link between violent content and violent behavior, still is in favor of the proposal, and plans to continue to push for it on a grass-roots level, said Larry Mayes, chief of human services for the city of Boston.
To get this through, we’re really going to have to do a statewide push. We want to go to the communities, particularly to the parents and sit with them and show them the material.