U.S. Senators Call for Review of ESRB in Wake of Manhunt 2

November 20, 2007
In what appears to be looming political trouble for the video game industry, four United States senators have signed a letter calling for a "thorough review" of the ESRB rating system.

As reported by Video Business, Senators Hillary Clinton (D-NY), Joe Lieberman (ID-CT), Evan Bayh (D-IN) and Sam Brownback (R-KS) sent the letter to ESRB president Patricia Vance yesterday. The move was prompted by the furor surrounding the M rating assigned by the ESRB to a revised version of Manhunt 2.

All four senators have been critics of the video game industry in the past. Lieberman is generally credited with pressuring the industry to create a rating system in the mid-1990's. Clinton was the most prominent political voice heard during the 2005 Hot Coffee scandal.

Brownback has legislation pending in the Senate which would mandate that the ESRB play games to their entirety before assigning a rating. Bayh was a co-sponsor, along with Lieberman and Clinton, of the unsuccessful Family Entertainment Protection Act.

Clinton, of course, is the front-runner for the Democratic presidential nomination. From the letter:
As you know, in June 2007, the British Board of Film Classification refused to rate Rockstar’s Manhunt 2 videogame … stating that it contains ‘unremitting bleakness and callousness of tone. In October 2007, the BBFC again refused to rate a revised Manhunt 2 stating that ‘the impact of the revisions on the bleakness and callousness of tone … is clearly insufficient.

[The ESRB, however,] reduced the revised version’s rating to “Mature,” effectively opening the door to its widespread distribution and its licensing approval by game system manufacturers Sony and Nintendo.

The senators also expressed concern over the game's appearance on Nintendo's Wii, intimating that the system's motion-sensitive controller “permits children to act out each of the many graphic torture scenes and murders.” They suggested that the Wii controller be considered as a factor in future rating assignments:
In sum, we ask your consideration of whether it is time to review the robustness, reliability and repeatability of your ratings process, particularly for this genre of ‘ultra-violent’ videogames and advances in game controllers.

GP: Particulary in regard to Clinton and Lieberman (pictured at left), the letter represents a setback for the ESRB and the video game industry. As recently as December of 2006, the pair had publicly praised the ESRB.

Comments

@ SolidSnark

BBFC has nothing to do with America, other than giving these hollow shells something they think is leverage.

Not surprised to see the names attached to this one. And one of them a presidential candidate? THIS is what you focus on Hillary?

Every voter in American should make sure, come the primaries, everyone knows what Hillary Clinton wants to focus on. Not healthcare. Not schools. Not education.

Video games.

[The ESRB, however,] reduced the revised version’s rating to “Mature,” effectively opening the door to its widespread distribution and its licensing approval by game system manufacturers Sony and Nintendo.

They forget to mention that:

1. M means you have to be 17 and above to play. Not exactly the age range of the "kids" they're trying to protect now, is it?

2. It was cut down to an M after several scenes were cut out of of the original version. And of thy argue it was possible, fine - show me an average kid within the stated age bracket that's capable of hacking the PSP ISO (which has to be ripped, hence is illegal) to show the scenes.

You're better off watching youtube to see the said scenes - why don't they ban that instead?

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Pretty much speaks for itself.

Yet again, I'm reminded how much I hate all politicians. Yet again, I'm reminded that I can't think of one good presidential candidate to vote for. Maybe I'll just write in "The anti-Christ". It seems we'll get that no matter who wins office.

As SolidSnark pointed out, what does the BBFC have to do with the price of tea in China? Or the ESRB? Or American values and morals, for that matter? Nothing! Nil. Nada. Zip. I really hate when anyone refers to another nations policies when defending a position. We are not those nations. We do not share their policies. If you can't defend you position based on American laws and policies, maybe you shouldn't. I believe there is an unwritten law that our courts don't cite foreign courts. So why should the ESRB reference the BBFC?

They won't be happy until the only rating used is Early Childhood. When the whole "ZOMG these games are making my kids killers!" attention hoaring finally stops, they'll be shown for the true media sluts they are.

Well, once they’ve dismantled the ESRB and forced game legislation into law it won’t be long before they get regulations passed for all the forms of media that they missed in the past: Movies, Television, Music, Art, Literature. After they’re done with that I’m sure they’ll have no trouble passing laws prohibiting the worship of any religion other than Christianity. At the same time they’ll have passed the law demanding all illegal aliens be forcefully deported (being held in interment camps until they can be processed out naturally). After that it won’t be long before we will be required to get papers that state our intention to travel from state to state and if we don’t have them on us if a police officer asks we will be detained for questioning by Homeland Security.

Yep, political leaders like this are really taking this country forward into a brighter future.

My problem with this is that we fought an entire war to break free of England's rule. Now Hilary wants to base her politics off of the way England is running their country. I don't think so.

I agree with Solidsnake. The BBFC has nothing to do with the ESRB. Two different countries. Two different ways of managing entertainment.

The FTC has already done a study on the ESRB. Manhunt 2 was rated fairly and properly. The only problem here that I see is ignorant politicians and their ignorant supporters.

This game is not for children. Should we all send letters to these guys and tell them that? I thought it has been said enough, but I guess I am wrong. This is why I am not voting for Clinton. People may think it is silly to base it on a video game issue, but if she can't grasp such a simple issue, what makes her able to grasp more complex things? "M" is not for children. The content on Manhunt 2 was hacked to bring it out. You need a modded Xbox and modded game to play it. Most children won't have that, and most won't even have the game. And this is Rockstar we're talking about! One company who has this problem. They want a review of the ESRB based on two events from the same company? Both of which were not the ESRB's fault. Look at other "M" rated games. No secret nudity in Halo 3. Sigh.

'Unremitting bleakness and callousness of tone'.

Does that mean we can ban Lifetime Television for women now? How about Iraq news coverage? How about the Bible?

As long as we're relying on the few to interpret acceptable levels for the many, then by all rights we should ban the Trinity Broadcast Network, perhaps the bleakest and most callous thing on TV.

War on terror, war on drugs, Iraq war, economy, health care, numerous crazy and unjust laws....

countless of vital issues to make a stand on but what does Hilary center on???? VIDEO GAMES FOR CHILDREN OVER THE AGE OF 17....

THIS IS THE LAST STRAW IF SHE IS THE FRONT RUNNER I VOTING FOR REPUBLICANS......

The ESRB doesn't have to give anything out without a court order or a warrant. The politicians can ask all they want, and the ESRB only has to say "no", give a little explanation of the rating system, and in defense ask why they aren't harassing the MPAA as well.

@Paul

Rather than not voting at all, vote for anyone except those two. That's my plan in that scenario anyway. It's better to show up at the polls and vote for candidates that have no chance of winning, or only exist in your imagination than it is to not show up to vote at all. That's because then you'd be on the record as being displeased with the choice of candidates, than on the record as being apathetic.

They're all not gonna stop untill we're playing fucking V-Smile games.

What the @#%* does the British Board of Film Classification have to do with anything over here? We're Americans and we don't do censorship. 'Unremitting bleakness and callousness of tone' is a valid artistic direction to go. Not all games should take place in happy snuggle land. The game was appropriately rated as M. (It should have been rated M originally) Move on to a real issue and stop trying to invent one.

I agree with SolidSnark, BBFC should have no impact on ESRB. they are independant from each other, and to maintain impartiality, should remain so.

"permits children to act out each of the many graphic torture scenes and murders"
no, parents allowing children access to the game are doing that.
the game is rated M! that means no children! get it through your heads!

Ugh...


Come, boys and girls! Let's practice our writing abilities and skills of influence.

"A letter writin' we will go, a letter writin' we will go, hi' ho' the derry-o, a letter writin' we will go."

In all seriousness, flood your representatives (both in Congress and Senate) e-mail box with your voice. They have taken their stance, so we should take a stand and let them know what we think.

Honestly, why is pandering to the masses over such a small-time issue considered a great political move during election time?

The sad thing is that I know the only reason they care about this issue is that it can get them elected.
Grumble grumble... I hate politicians.

So Hilary is now allowing the UK to dictate her home policies to her.... that's not a good idea in a presidential hopeful...

All praise General Hillary! I'm sure there will be SO much more of this to come!

Penny Arcade's pie graph speaks for itself.

SolidSnark: "We’re Americans and we don’t do censorship. "

Well . . . exposed SuperBowl Nipple and Elvis's hips would disagree w/ you. It looks like they don't want to be outdone by anyone on anything. Including censorship. :)

The BBFC's decision still may be overturned at appeal.
That would create an interesting situation for the US politicians and their rally of morality.

Y'know, if national game rating boards are allowed to influence each other, why haven't we turned this around the other way? We never say that MH2 should be un-banned in the UK because it's only rated M in the US - only that since the game is banned in the UK it should be banned here as well.
As the saying goes, all the Congressional fretting over video games is a solution in search of a problem. Hillary et. al. can come back when they have more to say in a letter than simply "we don't like this so it should be banned."

One thing I will say on the BBFC's reasons behind not rating Manhunt 2...

"bleakness and callousness of tone"

Anyone ever see Requiem for a Dream?


This is a seriously bad move for Clinton. The Games Industry is not a small player in the world and I can foresee some funded rebuttals and adverts against her and her viewpoint on the subject. She is certainly not inspiring those who are tired of the last 8 years of having their rights removed to vote for her.

And some people think THIS is what they want in office?! ugh....

Can you imagine how many people the ESRB would have to employ and how long it would take games to be rated if they are required to play games to completion for a rating? And, how would this affect the timliness of a game's release?
Simply, wow!

What is it about interactive media that makes politicians forget about the first amendment?

Look on the bright side, this probably has LaRouche so wound up with a conflict of interests that he's turning bright pink ;)

And yet again, it's the same "Rated M means Make sure your kids play it" bullshit that these politicians would like you to believe.

As has been said before: Why should the UK's policy affect our own?

If the ESRB did play through the games in their entirety they would surely miss something leading to a huge uproar where the politicians would blame them, completely forgetting they were the ones that caused it.

And another thing, Manhunt 2 isn't even as violent as the original. The only reason it was rated AO was because it said "Rockstar" on the package. The ESRB gave it the highest rating just to make sure they wouldn't go through another shitstorm like Hot Coffee.

I really hope that everyone who calls themselves gamers will vote against this , watch her plan backfire on her.

The good news, however, is that in the next 20 years these old farts will die off and we'll have a new round of politicians who aren't prude  like Clinton here.

GP: Feel free to express your views, but please avoid using a term that is derogatory toward all women. I've deleted it.

Its no biggie really, we have laws in the UK not guidelines to govern the sale of games, and they don't work either. As long as someone over the age of eighteen makes eye contact with the seller at the time of purchase, a baby could get any game he wanted.

Well, I'm an active voter, and even though I can't vote against her directly, I have never planned on voting for her no matter who else is running. This just gives me one more reason...

@jkdjr25 - The opposition comes not from the validity of the amendment. The argument the opposition proposes (which is very weak), is whether or not interactive entertainment is considered an exercise of free speech or art.

I am not too bothered over a review of the ESRB, as if it is done in an unbiased manner, it should find that the mechanism of the ESRB is sound and the only problem is the unfamiliarity of parents regarding the ratings. What worries me would be who is appointed to perform the review. If they pick some soccer Moms who have been bombarded by Fox news soundbites regarding "killer" games they will cry for it's abolition. If they got someone like David Walsh, it will obviously be found flawed. If they get someone who understands the ratings like us, and who would have trouble understanding why some people just don't get it, then it will get perfect marks!

What should be done instead, is a review of how much politicians actually understand about video games and the rating mechanism, and a review of why parents don't seem to understand the ratings. If a person doesn't understand calculus, you don't assume calculus is wrong and order a review, you work with and teach the person to help them understand!

Still, I'm sure everyone knows that this is nothing more than a stab at the Soccer Mom vote for Hilary, with the other senators hanging on as well as the worst kind of attention is no attention...

just what we need in office. after bush completely destroyed the deficit, clinton would go and completely ruin our freedoms. hail clinton! furor of the new regime!

Way to waste more of my tax dollars. Reviewing a independent non government rating board all for what? So they can waste more money on making a unconstitutional law and waste even more money having to pay the people who fight said law. Please I rather you waste my tax money ending the war or something that would actually help people in this world.

And my family keeps wondering why I won't vote for Clinton. (hint, it has nothing to do with her being a women).

I though democrats were "liberals" which means you believe individual liberty is the most important political goal. I guess gamers don't count as individuals or something.

@GameDevMich: Some, but not all, critics raise that argument. The fact that courts have already rules that games are entitled to the same 1st amendment protections as movies has made it an unpopular stance. These four I think are just happy appealing to soccer moms who find this sort of thing repulsive. They say that obviously games like MH2 are harmful without really demonstrating that there is any harm.
They don't really address whether games are qualified as art. They just say that some games are not suitable for children - which is okay. Then they say that the government needs to control the industry to make sure children don't get to play these games - which is not.

“bleakness and callousness of tone”

Again, I ask, have these people seen the game at all? Any of it, except maybe a few pictures grabbed by those psychopathic "for teh children" groups? What, no? They don't know squat about the game? In that case, their opinions are meaningless, as they don't know what they're talking about.

They can get a full review of the ESRB when I get a full review of the MPAA.

This is political baiting for the worst kind. There is no substantive purpose for Clinton and others to be so directly involved in this. It's purely a political move to improve their image with so-called "values" voters. They are unconcerned with the nature of the industry and the facts "on the ground". Like the fact that Manhunt 2 has been given 10x more life than it deserves because of all this pointless attention. If they spent a few moments to research they'd discover that Manhunt 2 is an abysmal failure, and that gamers enjoy action/adventure rather than pure sadism.

This is bullshit. I want them to call for review of the MPAA Review if Manhunt is such a big deal. It's no worse than the Saw series, or Hostel. Both of which were far worse than what I've seen from Manhunt.

arowe87:
Neither side is looking out for your liberty. The Republicans are in the pocket of big business, and if they weren't they'd be the most likely candidate for protection of Liberty, or they would be if everyone wasn't so paranoid.

The less laws and government, the more liberty you have. Neither side is working toward this. (Well, with the exception of Ron Paul, but my hopes are almost nonexistent for that whole thing.)

God dammit, I really hope H. Clinton doesn't become the democratic candidate now >_

@ Shoehorn O'Plenty

My main problem with the government reviewing the ESRB is the fact that the ESRB is not a government organization. What would be the point of it? Even if they find flaws in it, what can they do? Set up a government rating board? Illegal. Force the ESRB to change its rating practices? Also illegal.

If they want to fix any independent rating board, the should focus on the MPAA. There are so many allegations of corruption, that it’s just not funny.

I can't stand when Clinton and other liberals [term used VERY loosely] defy their political ideology by striking at the rights of adult consumers and claiming that video games intended for adults "immoral" aspects of the entertainment industry. Their actions are motivated for solely political reasons, wrought out of the fact that policing video games is one of the easiest methods of reaching out to Bible thumping, "pro-family," voting sects.

I can understand anti-gaming actions enacted from the position of crusading moralists but I am completely disgusted by the sight of people who supposedly value freedom attacking video games solely for political leverage. Clinton and others on the left represent a FAR lesser threat than a Bible thumping, freedom hating, religious morons on the right. Thus far, Clinton's critcisms have been limited to drafting strong laws to ensure that games do not end up in the hands of kids. She has yet to take up the Bible thumping, freedom-raping, censorship rhetoric of the far right.

Bible thumpers and political pragmatists alike must realize that these games are not marketed, intended, or legally sold to children. Their greatest point of misconception rests in the fact that Video games are not the sole intellectual domain of children.

And my response got cut off.

I wanted to say that though I'm a democrat myself, Hillary doing something like this is hugely disappointing to me.

M= MATURE= NOT FOR KIDS.

It's not complicated or "flawed" simply because you don't want to pay attention.

Thank you America, for ruining video games for me. DONT RATE WII GAMES HARDER! IT IS A GAME! Are you removing arcade games from malls because you hold a gun and shoot? No! Fuck you!

Holy crap people! This game is intended for people 17 years of age or older! How freakin' hard is that to understand?!?

If any of these morons become president, we're all doomed. The simple fact that people with no common sense were elected to the senate is in itself deeply disturbing. Just goes to show you, there are very few informed voters in this country.

Honestly, am I the only person who actually watches the debates? Does nobody else realize the general retardation possessed by nearly all politicians?

Sorry for the rant, but this has gone too far!
 
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DorthLousI love how she plays the "I'm a parent, you're a gamer, you couldn't understand" card... I'm a parent and I find her position despicable...05/23/2013 - 4:16pm
E. Zachary KnightShe didn't address your questions because she doesn't have any answers.05/23/2013 - 3:38pm
Andrew EisenI replied to her comment. Maybe in a few weeks I'll get a reply.05/23/2013 - 3:24pm
Thomas Riordan@Andrew Eisen To what bowling alley does she go that puts sexual images in the faces of 6 year olds?05/23/2013 - 3:17pm
Andrew EisenWell, it took a month but Linda Stender finally replied to me... and didn't address a single one of my questions. http://aswlindastender.com/2013/04/23/follow-up-video-games-and-their-effect-on-children/05/23/2013 - 3:13pm
ImautobotAlso, from a tech perspective the PS4 is apparently already winning. http://bgr.com/2013/05/22/xbox-one-vs-playstation-4-specs/05/23/2013 - 3:12pm
ImautobotSony's PS4 motto should be "We play games." Microsoft's should be "We play games, when we're not rewinding your tapes."05/23/2013 - 3:11pm
Andrew EisenOh look, Dying Light was just announced For Everything But Wii U. That's 73.05/23/2013 - 2:06pm
james_fudgeZippy: they said the same thing about Cell. How did that turn out.05/23/2013 - 1:28pm
Andrew EisenNeed for Speed Rivals is coming out For Everything But Wii U - PS3, 360, PC, PS4 and Xbox One. That brings the grand total up to 72.05/23/2013 - 12:55pm
PHX Corphttp://wiiudaily.com/2013/05/microsoft-is-selling-the-wii-u-better-than-nintendo/ Wii U daily Opinion: Microsoft is selling the Wii U better than Nintendo05/23/2013 - 12:23pm
E. Zachary KnightZippy, they very well may be. But that will only last until they are released. At that time, they will be two generations behind.05/23/2013 - 11:14am
ZippyDSMleefor a good luagh, http://www.escapistmagazine.com/news/view/124288-EA-Exec-Xbox-One-and-PS4-Are-A-Generation-Ahead-Of-PC05/23/2013 - 10:55am
james_fudgeIt's about time! I need W805/23/2013 - 10:49am
MaskedPixelanteLooks like Gamepot is more willing to play ball than Square Enix. Wizardry 6+7 and 8 are available on GOG.05/23/2013 - 10:36am
DorthLousAnybody tried Hiversaire? Thoughts?05/22/2013 - 5:48pm
E. Zachary KnightNew Humble Bundle Weekly Sale. Alan Wake: https://www.humblebundle.com/weekly No Linux or Mac support. :(05/22/2013 - 1:46pm
E. Zachary KnightMicrosoft talks about the lack of backward compatability. You're backwards. http://www.gamasutra.com/view/news/192801/If_youre_backwards_compatible_youre_really_backwards.php05/22/2013 - 1:39pm
E. Zachary KnightThat is absolutely nuts there. As bad an experience XBox Indie Games was, the problems weren't with the self published side of things. Forcing a publisher onto independent studios is not going to help.05/22/2013 - 10:43am
MaskedPixelantehttp://www.eurogamer.net/articles/2013-05-22-microsoft-wont-let-indies-self-publish-on-xbox-one And the hits just keep on coming.05/22/2013 - 9:20am
 

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