
Michael Gallagher (left), CEO of the Entertainment Software Association, which represents a number of US video game publishers, has commented on a bill introduced in Congress earlier this week.
The
Video Games Rating Enforcement Act, proposed by Reps. Lee Terry (R-NE) and Jim Matheson (D-UT) would require retailers to conduct ID checks on buyers of games featuring mature content. Of the measure, Gallager said:
The [ESA] shares Reps. Matheson and Terry’s goal of ensuring children are playing parent-approved computer and video games. That is why the ESA consistently works with parent groups, encouraging caregivers to check each game’s ESRB rating and content descriptors—a system three-quarters of parents rely on regularly according to the Federal Trade Commission.
We also urge parents to make use of the parental controls available on all new games consoles.
Empowering parents, not enacting unconstitutional legislation, is the best way to control the games children play.
GP: Don't miss our
exclusive interview with bill co-sponsor Rep. Lee Terry...
Comments
Let's skip the "Unconstitutional" argument.
From now on - what with the recent Federal Trade Commision results - let's go with "Vestigial" or "Useless" or "Wasteful" or "Solves a non-existant problem" legislation.
"they dont know betta"
I'm not saying this is true for all parents and kids, and i have actually had run ins with kids who were mature past their age. But honestly, we already have enough nanny states in the world. Lets not make ours one as well.
They probably only started requiring ID at movies because kids couldn't handle the images, not because they believed they would go out and do the stuff.
Yes, being resolute in the face of impending legislation while your major members are leaving your organization does tend to undermine your stance now, doesn't it?
I'd be more interested to know if Mr. Gallagher plans to to lobby against this legislation or what other organizations like the VGVN and ECA plan to do about it.
I don't think the entry is about the fact that the ESA is losing members. Mind if we stay on topic?
Seems highly relevant to me.
Whereas if you sell a minor cigarettes or alcohol, which have proven, demonstrable health effects (cancer, emphysema, etc. in the case of cigs, liver damage and motor skill impairment if you drink too much alcohol), you are fined less than $5k.
In Oklahoma it is illegal to open a soda bottle without the supervision of a licensed engineer
In Miami it is against the law for a man to be seen publicly in a strapless gown
In California if you drive more than 2000 sheep down the hollywood boulevard then you will be arrested
In Westminster it is a punishable offense to perform "racuous acts" in a public house past 10PM on a weekday
In Arkansas it is illegal to dance past 2AM
In most of America it is looking like you won't be able to buy evil vidjagames anymore
"Yeah Rhade is kinda right."
That's the nicest thing anyone has ever said to me.
"Now that it seems to be loosing members now they start to speak out."
Exactly.
1. Unfair targeting - Video games are being singled out here. Why do we not see books, DVDs, comics, and movie theaters in the bill as well?
2. Harsh Punishment - $5,000 penalty is a bit steep. I believe it is still a policy in some game retailers to punish or fire an employee caught selling a game rated-M to a minor. Why add on the $5K?
3. Late to the Party - As mentioned in the articles about the recent FTC findings, video game retailers are doing their jobs quite well without legislation being passed. Movies and DVDs are doing a lot worse.
4. Snowball Affect - Though not a strong argument, one passed bill can lead to further legislation that could be harmful to the industry and consumers.
5. Not Empowering - Despite what the bill's authors might say, this legislation could take power AWAY from parents. If parents know such a law exists (if they are even paying attention), they will be more lapse in checking what games their children are playing. Indeed, knowledge is power. However, this bill removes the need to obtain that knowledge.
I agree wholeheartedly with this. It seems any time they try to pass a law that would restrict someone's access to something, the holy scripture of the constitution is trotted out. I fail to see how this in any way is unconstitutional. If a lawyer who specializes in constitutional issues shows up, please speak up. As I said in another post, it's sad that we have to pass laws requiring retailers to do what they should be doing in the first place, but that's what happens when you put the almighty dollar ahead of being a good corporate citizen.
All you people whining about this are not looking at the plus side. The CCA took the bullseye off the comic book industry and parents and politicians started looking for something else to blame. The video game industry needs a similar deflection tactic. The ESRB ratings system hasn't done it, this might be the ticket to get people looking in other directions (like maybe they'll finally figure out the common thread between the 50s and today is bad parenting... one can hope).
Yeh what a shame, huh? That durn thing is always being used to keep us free no matter WHAT we do. >:[
But who would the majors collude to force out of the market though in place of EC in the modern "Video Code Authority"? Rockstar?
/sarcasm
I was thinking more like rules along the lines of "No game shall contain titles with titles using such inflammatory words as 'auto' 'theft' 'hunt' 'man' or 'grand'." Then if R* stuck around throw in "tennis" and "table" for good measure. Maybe if we try hard enough we could get the Teenage Mutant Hero Turtles in the good ol' USA at last!
Child-Safe Plastic Gear Huggably-Soft
*crosses fingers*
they impose the same restrictions (id checks and fines etc) on movies, games , books & music all equally.
THe system isnt really that bad of an idea. But when you single out one medium over others with no justification then its BS.
The Constitution is basically holy. If you don't understand that, you're either not a US citizen, or you shouldn't be one.
I fail to see how this in any way is unconstitutional.
You fail at reading then. It breaks several amendments, that's the term of unconstitutional.
As I said in another post, it’s sad that we have to pass laws requiring retailers to do what they should be doing in the first place, but that’s what happens when you put the almighty dollar ahead of being a good corporate citizen.
It isn't sad that we have to do it. It is sad that its being attempted to be passed to hope to look good in the face of the ignorant public based off of speculation and fear.
Good corporate citizen? There's no such thing, please quit trying to joke.
These politicians would sell you down the river if it made them a dollar at your expense. Don't talk about "good corporate citizens".
All you people whining about this are not looking at the plus side.
There is no plus side.
The CCA took the bullseye off the comic book industry and parents and politicians started looking for something else to blame.
At the expense of that medium basically going to crap? That's not a plus.
The video game industry needs a similar deflection tactic. The ESRB ratings system hasn’t done it, this might be the ticket to get people looking in other directions (like maybe they’ll finally figure out the common thread between the 50s and today is bad parenting… one can hope).
Passing a law to hope things work doesn't do ****. Look at how they treated the FTC findings, they scoffed at them. The most likely situation will just involve other forms of dealing and untaxed money being passed. A really bad scenario would be a fresh employee buying the game for himself and this'll fine the retailer or himself.
This doesn't even involve the enforcement. Police officers being forced to stay staring at a register to not stop something harmful like cigarettes from getting to kids but a damn game with cartoon violence on it?
The word "adult content" is overly vague, and in the minds of the PTC waggling to hit someone can be labeled as "adult content" because of the violence being simulated. Do you understand how screwed up it be if a kid bought a Wii and Wii sports is said to have adult content because of the Mii variations or the violence in Wii boxing?
In 2004--the most recent year the ESA has filed its tax-exempt status form with the Internal Revenue Service--E3 brought in almost $16 million, with $1.7 million coming from ratings and $980,000 from membership dues. All told, the ESA brought in about $19.8 million for the year.
Another bill giving the ESRB the weight of law… another bill to be struck down in court as unconstitutional… another bill wasting tax dollars.
*cancels my trip to Miami*
I just didn't feel like writing an essay talking about every possible reason why it should/shouldn't happen, like some. ;)
I stand by my original basic statement, game retailers should already be watching who they sell M-rated and worse games to, I don't see what the big deal would be.
I think you are all laboring under some odd ideas about the purpose of government and laws.
If there exists a less restrictive, non-governmental alternative - no law is needed or warranted. This is the very foundation of our freedom.
The arguement of, "Well, there are other inneffectual laws that aren't enforced, so why not one more?" is simply obtuse. With that attitude you can pass laws for just about anything. Let's say there are some skewed studies about the dangers of the color red on infants. Let's pass a law about it just to make parents feel better, even though there is no root problem and infant supply companies already removed 3 out of 4 instances of the color red (or more in the specialty infant stores).
This law is a solution to a non-existant problem, where a non-governmental solution already works, and the law does so by curtailing freedom - so explain to me how that "isn't a big deal."
Keep the government out of raising children.
Well stated. :)
@ ~the1jeffy
Exactly. No system is perfect. The FTC study is showing phenomenal results. Passing a law to try and enforce the same will be horrible. It would be somewhere along the lines of passing a law that says all rain shall run into bodies of water. Less is more when it comes to law.
If you really want to be green then scaling back the laws makes a lot of sense. A lot less paperwork. :)
Additionally, your ideas about the "foundation of our freedom" are complete fictions. Many things which are not proven to pose a danger to children are already banned. Why don't you start campaigning for children's right to view pornography? If I recall correctly, in at least some states, it's a crime even for the parents to allow the child to watch porn.
Where do they get the money to do this? Hmmm? Hand your kid 60 bucks, and you've just ceded parental responsibility. A parent has EVERY tool, power and authority to monitor the games their kids play already.
Pornography exists across all media types, so your argument is null from the start, but I'll humor it. Pornographic video games are already regulated under current law, so again, there is no need for additional laws. The argument is about whether this current bill is needed and/or unconstitutional, not about the state of media laws in general.
"Additionally, your ideas about the “foundation of our freedom” are complete fictions. Many things which are not proven to pose a danger to children are already banned."
I've already addressed the, "Other things are inffectually banned, so why not one more?" point. Fiction? How so. Especially under the light that any supposed harm to children is utter fiction. You really have no counter to this.
Putting power back into the hands of parents? No, this law just tries to do their job for them - which simply adds to the cycle of laziness that pervades the modern parental state.
"[This law] has nothing to do with danger, real or imaginary."
Yes, it has everything to do with it, and your insistance to the contrary means you have little grasp on how and why laws exist, how our legal system works, and the basis of the constitutional law which protects video games and mixes this attempt to regulate them.
If something poses no danger, then there is no reason to pass a law to regulate it.
Certain movies shouldn't be in the hands of minors either, but no one ever raises so much as an eyebrow about them.
G = General
PG = Parental guidance necessary
M = Mature ages 16+
R16 = ages 16+
R18 = ages 18+
Plus our rating system is stricter than the ESRB rating system, we actually get games banned (manhunt, postal etc). The GTA games fall into the R18 category
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