March 16, 2007 -
Delaware Rep. Helene Keeley (D, left) made news last year when she introduced what is believed to be the first video game bill authored by controversial, anti-game attorney Jack Thompson.That piece of legislation failed to pass the Delaware Assembly, but on Wednesday Keeley introduced a new bill designed to prevent minors from accessing mature game content.
It is not clear whether Thompson is involved this time around, but the new proposal, HB77, bears little resemblance to recent bills authored by Thompson in Louisiana and Utah. Both of those ultimately failed. Louisiana's video game law was struck down by a federal judge in November, while the Utah legislation died in committee earlier this year.
Keeley's new bill would require ESRB ratings to be displayed at the point of sale. In addition, retailers would be barred from selling M and AO-rated games to underage buyers. An I.D. check would be required as well.
GP: Thanks to long time GamePolitics reader James Donaldson for the scoop!



Comments
It would be the same as with alchohol and tobacco, If you are obviously odler than 17, then all is good, but sometimes the cashier may not be sure so they will card.
But I understand that it would be a pain to do so, but who buys games regularly enough to really get annoyed? You would have to buy a M game every day, at least I would.
Have you played video games?
If yes, which ones?
What is user created content?
What is a mod in regards to video games?
What does MMORPG stand for?
What is an easter egg in regards to programming?
Please define the each of the ESRB ratings.
Please define censorship.
What is the Miller Test?
Is violence and porn the same thing?
Do you watch late night television?
Do you watch rated R movies?
Can the Miller test be applied to the internet?
And so on. and put some statement saying that the representive personally filled it out. And they will either answer it incorrectly or correctly. And I wouldnt care if they looked it up, at least they will know a bit more (provided they dont have a 5 second memory).
DECLARE WAR ON INCOMPENTENCE
Under Delaware law, "The sentence for a class A misdemeanor may include up to 1 year incarceration . . . and such fine up to $ 2,300, restitution or other conditions as the court deems appropriate." 11 Del. C. § 4206(a) (2007) (available at http://www.delcode.state.de.us/title11/c042/index.htm#P243_22884).
So, for example, a retailer who forgets to mark "clearly and prominently" some used, pre-ESRB game as "not rated" faces arrest and (maybe) jail time. It would also seem that forgetting to card an 80-year old purchaser of Gears of War warrants arrest and (maybe) jail time, at least in Representative Keeley's view.
Thats fine by me, as I'm not in favor of these laws, but it goes to show just how behind the curve these people are.
It's funny. You would think that after 6 years, 9 court battles and millions of taxpayer's dollars wasted on these feel good but useless bills they'd just finally give up. But so long as it is only taxpayer's money being wasted on unconstitutional legislation and the politicans don't have to pay for it themselves out of their own pockets, they'll just keep doing it. It too bad politicans can't be financially responsible for their own idiotic legislation.
What makes it more difficult is if the retailer in question sells games from the pre-ESRB era, when such games HAD no ratings. D'ya think the game industry would spend who-the-hell-knows-how-many-dollars trying to reprint such titles? In the unlikely situation that this legislation passes (which we know it won't), someone is going to start bitching the moment a kid pops in Super Smash T.V., I swear.
Already done, and without stupid legislation. I wish politicians would visit a games store and look at the game boxes before they write these things.
And I agree with the other posts. Video games are not just for kids. They have never been just for kids. Just as not all board games, movies, books, comics music, TV, etc are for kids.
Grow up politicians, and learn about the world around you.
I don't believe that video games have any negative effect on children, but at the same time I would not want (if I had children) my child seeing scenes from RE4 or listening to the language in San Andreas, no more than I would want them watching Hostel, or reading a Stephen King novel. The real problem regarding video games, which has led to all of these silly laws being drawn up, is that they are perceived as for children.
There are books for children, and books for adults that children should not read. The same for movies. The same for comic books. The same for cartoons. While most people recognise this in comics and cartoons, video games to the majority of people are kid's playthings. Thus, when GTA or RE4 is released, the alarmists and Jack Thompsons of the world immediately scream that these games shouldn't be made for children, when of course they aren't.
Until the majority of people wise up to the fact that just like movies/books, video games are not just for kids. Making things awkward for retailers and trying to enforce unconstitutional laws will do nothing to aid this situation. A law requiring people to not be lazy and read and understand the ratings systems might help...
I was thinking the same thing. If a bill of this nature and wording were to pass federally, the ESRB could easily desolve and a new rating board could take its place and a new rating sytem be put in place. Thus forcing this law to be null and void.
I guess politicians don't understand what it means to be a private organization.
I think they are confusing the term "Mature" because it is often used as a eufemism to describe "Mature" movies and magazines, the ones on the top shelf or in theitr own special section if you get my drift.
By this logic almost all movies for 18+ would be considered obscene, regardless.
The official rating of the video game is clearly displayed on the outside of its cassette, case jacket or other covering
It actually shows the ignorance of the author. If they couldn't research something so simple as current game media, the rest of the bill seems less authentic.
You've violated me, and I don't have to stand for it. The ESRB clearly is a third, non-governmental body, and as such, cannot carry the burden of law. I'll see you in court.
~~All Knowledge is Worth Having~~
I don't think anyone was saying displaying the ratings near the checkout was impractical, so much as pointless. It won't help willfully ignorant parents/guardians, and in most if not all cases of what this bill seems to want to prevent, it is willful ignorance.
What if the ESRB is reformed into a different ratings board? That's just rhetorical, but naming a private company in a bill is pretty non-sensical.
Also, do you realize the bill doesn't require the rating be on the media itself, hence your comment applies. I can't imagine slapping NR stickers on those older media.
One thing I've learned about people in general, there's always someone bitching.
I wish these legislators would stop it with the "feel good" bills, which although probably garner them some votes, ultimately just end up wasting tax dollars.
It can also be said:
"im in ur goverment, legisterating ur games"
...