In a move to make the roads of Canada safer, Advertising Standards Canada has handed down a ruling that ads cannot depict cars exceeding the speed limit, car chases in a residential setting or other unsafe driving practices.

A story in Canada's Globe and Mail details the ruling and clarifications to existing guidelines It also gets comments from various car manufacturers about their ad policies and how the new rules may affect them.

But where it gets interesting is a paragraph later in the story:

And some of the worst offenders are not even in the car business. An ad for the new Forza Motorsports 3 video game – which is rated E, suggesting it is acceptable for all ages – features cars swerving out of control, rolling over, and smashing into each other. Some car industry executives point to Hollywood movies and even tire manufacturers as airing unsafe depictions.

In looking closer at the ruling on the ASC site, the clarification seems directed at motor vehicle advertising and not at virtual world racing or games. We have contacted ASC to see if video game publishers would be prohibited from advertising any type of unsafe driving in their games, which could eliminate advertising for many rally or racing games. We'll post an update if and when we get an answer.

Update: Janet Feasby, vice president of standards for the ASC, repsonded back to our inquiry about video game ads, and as suspected the guidelines were designed for ads showing the depiction of driving cars and other motorized vehicles and not to the depiction of driving in products such as a video game.

However, she did offer a clarification:

Clause 10 (Safety) of the Code applies to the advertising of any category of product. It states that: “advertisements must not without reason, justifiable on educational or social grounds, display a disregard for safety by depicting situations that might reasonably be interpreted as encouraging unsafe or dangerous practices, or acts.

 

If ASC received a complaint from a consumer alleging that driving or racing scenes in a commercial for a video game could encourage unsafe behaviour, ASC would review the commercial against Clause 10. And, as directed by Interpretation Guideline #1, “in assessing the impression likely to be conveyed by an advertisement, ASC will take into consideration the use and application in the advertisement of the elements of humour and fantasy.”

Advertising Age has an interesting video interview about the value and effectiveness of in-game advertising in video games.

The interview picks the brain of Kevin Slavin, managing director of Area/Code, a New York company that, according to its web site, creates games designed to "highlight the connections between these imaginary spaces and the world around them."

Slavin talks about in-game ads and how ad agencies don't understand how communicating with gamers through these ads is such a different process than in normal advertising.

The interview is part two with Slavin. Part one dealt with "the changing business of mobile social games."

The Federal Trade Commission passed down a ruling today that could have some impact on the way video game reviews sites and bloggers do business.

The FTC, in a 4-0 ruling, said that "material connections" between advertisers and endorsers (such as payments or free products) "must be disclosed."

The hook seems to be the phrasing that "connections that consumers would not expect." Hardcore video game readers tend to be a jaded lot, and think that many sites are on the take for good reviews any way, whether they are or not. Most understand that sites get free games to review. But the general consumer may not know this.

The ruling also broadened the existing guidelines to cover bloggers:

[The new rules] address what constitutes an endorsement when the message is conveyed by bloggers or other “word-of-mouth” marketers. The revised Guides specify that while decisions will be reached on a case-by-case basis, the post of a blogger who receives cash or in-kind payment to review a product is considered an endorsement. Thus, bloggers who make an endorsement must disclose the material connections they share with the seller of the product or service.

The FTC did not rule that bloggers or companies must disclose any conflicts of interest.

There has always been a blurred line when sites accept advertising from game publishers and then review their products. Those same sites get free games and swag as part of review packages from publishers. Some sites do disclose this information, but most don't.

GamePolitics has contacted the FTC to see if these new rules extend to the video game arena. We'll update with a response when we get it.

New research indicates that in-game advertisement which feature violent elements may be more memorable to players than nonviolent ads.

MIT's Technology Review reports on the study conducted in part at the University of Luxemburg

[Researchers] developed a simple racing game called AdRacer... A player drives around a virtual course and scores points by hitting targets along the way--as she drives, unobtrusive graphical ads are displayed as billboard graphics... while a camera records her eye movements. After playing, each player's ability to recall of brands shown on the side of the road was tested.

 

Those who played a violent version of the game, where the goal was to run down pedestrians, resulting in a blood-splattered screen, demonstrated significantly better recall of advertised brands than those who played the regular version...

Of course, while violent ads may increase the player's memory of the product, they could also be a public relations disaster in the making. Technology Review notes that University of Luxemburg researchers have also found that ad violence can lessen a gamer's opinion of a brand.

GP: The screenshot at left is from the University of Luxemburg's AdRacer.

The sorry history of homophobia in gaming is pretty well documented, so it's probably not a coincidence that a campaign to discourage anti-gay remarks includes a gaming piece among its poster ads.

ThinkB4YouSPeak, which hopes to raise awareness about anti-gay bias in America's schools by reducing the use of homophobic language, explains its mission at its website:

Lesbian, gay, bisexual and transgender (LGBT) teens experience homophobic remarks and harassment throughout the school day, creating an atmosphere where they feel disrespected, unwanted and unsafe. Homophobic remarks such as “that’s so gay” are the most commonly heard; these slurs are often unintentional and a common part of teens’ vernacular. Most do not recognize the consequences, but the casual use of this language often carries over into more overt harassment.

The poster at left substitutes the commonly heard "That's so gay" with "That's so gamer guy who has more video games than friends." Stereotypical? Of course. But that would seem to be the point. Other posters include jock and cheerleader themes.

British publisher Imagine routinely includes ads for pornography and sex chat services in the back of their video game magazines, according to a report at Overclock3D.

There, a UK man writing under the name "mayhem" describes sending his 8-year-old daughter out on a secret shopper mission to see whether she could purchase video game magazines containing such ads:

My 8 year old daughter walked in... On the lower shelf she picked out several magazines including Play (a Sony PlayStation 3 Magazine) and 360 (a Microsoft Xbox 360 magazine) both of which are published by Imagine Publishing. Neither of these titles had an 18 or 15 certificate on them. She also picked up several Future Publishing magazines and Dennis Publishing magazines.
 
She then proceeded to the check out were a young girl of about 19 years old had a quick look at the magazines and then scanned them in. My daughter then handed over the money and then walked out after saying thank you, and handed the magazines to me.
 
After a quick look through all the magazine I found that only Imagine Publishing had any sort of pornography contained within them...
 
So over all its been a interesting day finding out that such a major publisher (Imagine Publishing) has no morals when it comes to making money, even if it means serving up pornographic content to children that may read their magazines...
 

Via: fidgit

As GamePolitics and other news outlets have reported, the ESA is suing the Chicago Transit Authority over the agency's ban on M and AO-rated video ads.

Here are excerpts from the justification section of CTA Ordinace 008-147, the document at the heart of the ESA lawsuit:

WHEREAS... the Chicago Transit Board established advertising guidelines permitting certain advertising in or upon Chicago Transit Authority vehicles and facilities; and

 

WHEREAS, According to an August 2008 Chicago Sun Times article at least 36 Chicago public school students have been killed since September 2007; and

 

WHEREAS, There is a demonstrable correlation between intensely violent video or computer games and violent or aggressive behavior (see "Video Game Violence and Public Policy" by David Walsh, Ph.D. and "The Effects of Violent Video Game Habits on Adolescent Hostility, Aggressive Behaviors, and School Performance" by Gentile, Lynch, Linder and Walsh; and

 

WHEREAS, There is evidence that many of these violent video or computer games are marketed toward children under 17 years of age (see Federal Trade Commission study, September, 2000)...

The 2000 FTC report is, indeed, an indictment of video game industry marketing practices. On the other hand, the industry has made remarkable strides since then in restricting the access of minors to violent games.

In its May, 2008 report, the FTC found an 80% overall compliance rate in retail ratings enforcement, with top performer GameStop achieving a 94% compliance rate. Given that the CTA ordinance was passed in November, 2008, it's unclear why the 2000 data was used.

The full CTA ordinance may be found as "Exhibit 2" in the ESA's lawsuit. Click here for a copy of the 70-page PDF.

The Entertainment Software Association has filed a federal lawsuit against the Chicago Transit Authority, challenging a 2009 CTA ordinance which prohibits ads for games rated M (17+) or AO (18+) from appearing on its vehicles and facilities. 

GamePolitics readers may recall that in April, 2008 the CTA ordered ads for Grand Theft Auto IV removed from buses even before the game was released. The CTA action followed local news coverage of a rash of shootings in Chicago.

Shortly thereafter, GTA IV publisher Take-Two Interactive sued the CTA, charging that the agency had broken a $300,000 contract for the campaign. The parties settled the case later in 2008, with the CTA granting T2 a six-week GTA IV ad run. However, CTA officials moved to block future ads for M-rated games by passing the new ordinance, which took effect on January 1st and prompted today's legal action by the ESA.

ESA boss Mike Gallagher commented on the lawsuit in a press release: 

The CTA’s ordinance constitutes a clear violation of the constitutional rights of the entertainment software industry. Courts across the United States, including those in the CTA’s own backyard, have ruled consistently that video games are entitled to the same First Amendment protections as other forms of entertainment. The CTA appears unwilling to recognize this established fact, and has shown a remarkable ignorance of the dynamism, creativity and expressive nature of computer and video games. The ESA will not sit idly by when the creative freedoms of our industry are threatened.

The press release also explains some of the legal rationale behind the suit:

The ESA’s suit contends this new ordinance unconstitutionally “restricts speech in a public forum that is otherwise open to all speakers without a compelling interest for doing so.” In addition, the Complaint argues that the ordinance impermissibly discriminates on the basis of viewpoint and ignores less restrictive means of achieving the supposed ends of the ordinance.  

The ESA also stated that the CTA’s ordinance is unnecessary because game-related marketing is already subject to the Entertainment Software Rating Board’s Advertising Review Council (ARC), which strictly regulates computer and video game advertisements that are seen by the general public.  The Entertainment Software Rating Board (ESRB) assigns content ratings to computer and video games, which, in turn, are displayed on the advertisements for those games.

As GamePolitics has reported, the Massachusetts Bay Transit Authority has a similar ban on M-rated game ads, likening them to X-rated movies. It is unclear at this time whether the ESA will pursue a similar action against the MBTA.

While the lawsuit also encompasses AO-rated games, as a practical matter, such titles are virtually non-existent in the U.S. market.

DOCUMENT DUMP: Grab a copy of the lawsuit here (70-page PDF)...

Online games used by food manufacturers to promote their products can sway food choices made by children, according to a new research report.

Food Industry website Flex News takes note of a study conducted at Georgetown University which found that foods suggested by advergames were craved by kids immediately after playing. The good news is that games pushing healthy snacks had a similar impact. 

Study authors Drs. Tiffany A. Pempek and Sandra L. Calvert interpret their work in the Archives of Pediatrics & Adolescent Medicine:

[The findings] suggest that concerns about online advergames that market unhealthy foods are justified...

[Using positive food messages with] this kind of social marketing approach could tip the scales toward the selection of higher-quality snacks, thereby helping to curb the obesity epidemic...

 

Our results suggest that not only is there a market for healthier foods and beverages, but advergames can be used to promote healthier choices and eating patterns, thereby tipping the balance toward a healthier society.

In the study, 30 low-income, African-American children between the ages of 9 and 10 played a Pac-Man-like game. In one version, junk food was gobbled up. In the other, healthy snacks were the target. The researchers found that kids who played the healthy version of the game tended to choose nutritious snacks afterward.

Alabama Attorney General Troy King (R) has become the latest high-ranking state official to endorse the video game industry's content rating system.

In a press release issued yesterday, King announced a public service ad campaign designed to raise parental awareness of the ESRB rating system. The PSAs featuring King will air on radio and TV.

The A.G. commented on the campaign in yesterday's press release:

I know parents face tough decisions these days about the media they allow into their homes. There’s simply no substitute, though, for parental involvement and responsibility, and it’s important that parents play an active role in choosing games for their children. ESRB ratings are an effective and informative resource that allows parents to decide if the video game their child wants is appropriate, and rating summaries provide even more insight into exactly what a parent would want to know about in a game. I’m proud to be educating parents in our state about the tools at their disposal.

As GamePolitics has noted in the past, such campaigns are a sweet deal for the politicians involved. The ESRB picks up the cost of production for the spots and elected officials get a chance to show voters that they are concerned about children.

Readers can see King's PSA (as well as those made by other political figures) at the ESRB website.

It wasn't that long ago that Boston Mayor Thomas Menino forced the removal of ads for Grand Theft Auto: Vice City Stories from public transit vehicles operated by the Massachusetts Bay Transit Authority. Menino's office also pushed (unsuccessfully) for video game legislation last year.

Thus, there's irony aplenty to be found in seeing Menino's face plastered onto Boston buses, courtesy of the ESRB.

Last month GamePolitics broke the news that Menino was partnering with the ESRB on a public service ad campaign designed to raise parental awareness of the video game industry's content rating system. The bus ads are just a piece of that campaign which also includes TV spots, radio ads and outdoor print ads.

Locally, the Boston Globe and Boston-based Joystiq blogger Alexander Sliwinski have both taken note of the appearance of Menino's mug on local public transit. According to the Globe, the ESRB forked over $43,195 to the MBTA for the three-month bus ad campaign.

Perhaps not surprisingly, Menino is running for re-election this year. Prof. John Berg of the Suffolk University government department commented on the ads:

They can do this stuff, which is no doubt intended to help the [re-election] campaign, but looks very legitimate because they’re taking advantage of their role as head of the city.

Steve Six (D), the Attorney General of Kansas, has become the latest high-level state official to sign on in support of the video game industry's ESRB rating system.

A press release posted last week on Six's website includes the A.G.'s reminder to parents to make use of ESRB ratings:

With school out for the summer, kids may spend more time playing video games.  Parents must be vigilant about the media they allow into their homes. There's simply no substitute for parental involvement and responsibility, and it's important that parents play an active role in choosing games for their children. 

 

ESRB ratings are an effective and informative resource that allows parents to decide if the video game their child wants is appropriate, and rating summaries provide even more insight into exactly what a parent would want to know about in a game.  I'm proud to be educating parents in our state about the tools at their disposal.

Six will deliver the ESRB message on public service announcement on radio and T.V. in Kansas. The televised version PSA can be viewed on the ESRB website (scroll down to "Statewide TV").

Yesterday GamePolitics broke the news that Boston Mayor Thomas Menino is partnering with the ESRB for a public service ad campaign designed to raise parental awareness of the industry's video game rating system.

Colorado Springs TV station KRDO-13 is now reporting that Colorado Attorney General John Suthers (R) has also jumped on board the ESRB bus. A press release on Suther's website quotes the A.G.:

I know parents face tough decisions these days about the media they allow into their homes. There’s simply no substitute for parental involvement and responsibility, and it is important that parents play an active role in choosing games for their children. ESRB ratings are an effective and informative resource that allows parents to decide if the video game their child wants is appropriate.

Suthers' message to parents will be broadcast on Colorado TV and radio.

He has been one of the video game industry's most aggressive critics in the past, but GamePolitics has learned that Boston Mayor Thomas Menino (D) will partner with the ESRB on a public service ad campaign designed to raise parental awareness of the video game rating system.

The campaign, unveiled in Boston by Menino and ESRB President Patricia Vance, will feature T.V. and radio ads as well as outdoor print ads. Of the media blitz, Menino said:

Parents want control of the media that comes into their homes, and the entertainment that their children enjoy. That’s why it’s so imperative that we educate parents about useful and informative tools like the ESRB ratings and rating summaries, so they’ll be empowered to make informed choices about which games they deem appropriate.  I’m proud to be educating parents in our city about the tools at their disposal.

With today's news, Menino joins a number of high-profile elected officials around the country who have partnered with the ESRB on game ratings awareness campaigns over the past several years. Given Menino's track record as a video game industry critic, the turnabout is especially significant.

In 2006 Menino led a campaign to have Grand Theft Auto ads removed from public transit. In 2007 his office flirted with video game legislation authored by Jack Thompson. The Boston Mayor's video game bill was eventually submitted to the legislature in 2008, but died in committee.

Menino, who earlier this year touted Boston as a game industry-friendly city in an effort to attract jobs, is running for an unpredecented fifth term as mayor.

The Jack Thompson-authored SB 152 is scheduled for discussion by Commerce, Consumer Protection and International Affairs Committee of the Louisiana State Senate at 1 p.m. Central Time today.

The measure, sponsored by Sen. A.G. Crowe (R), is similar to the Thompson bill which recently was vetoed by Utah Gov. Jon Huntsman. SB 152 would hold companies which advertise age restrictions on products guilty of a deceptive trade practice if the product is then sold to someone underage.

GamePolitics spoke briefly with Sen Crowe last week. He told us at that time that he did not expect to have Thompson testify and indicated that the bill as currently written was a "placeholder," meaning that its content was likely to undergo substantial revision. It is unknown what form such revision might take. We also have an e-mail in to Thompson for an update as to whether or not he expects to speak at today's hearing.

GP readers should be able to follow the action live via the Louisiana legislature's webcast system. To watch, click here for the committee list. Just before the hearing begins, a TV icon should appear to the right of the Committee on Commerce, Consumer Protection and International Affairs. Click on the icon to watch the hearing. You'll need to have RealPlayer installed.

The Louisiana Senate will apparently discuss a Jack Thompson-authored video game bill in a hearing scheduled for later this morning.

The Senate Committee on Commerce, Consumer Protection and International Affairs has SB 152 on its agenda for today.

The measure was proposed by Sen. A.G. Crowe (R) and is similar to the Thompson bill which recently passed the Utah legislature before being vetoed by Gov. Jon Huntsman. Like the Utah bill, SB 152 would hold companies that advertise age restrictions on products guilty of a deceptive trade practice if the product is then sold to someone underage.

While video games are not specified in the measure, they were clearly Thompson's intended target in crafting the legislation.

A review of SB 152 indicates that it goes a step beyond the Utah bill by also holding retailers guilty of a deceptive trade practice for selling a product labeled with an age restriction (for instance, an M-rated game) to someone underage. This section seems to be very close to the type of content-based sales restriction which federal courts have consistently found unconstitutional.

In addition, the bill requires retailers to check the I.D. of buyers and to post signage indicating that I.D. will be checked.

GamePolitics has left messages for Sen. Crowe to inquire about the bill. So far, he has not returned our calls. We asked Thompson last night whether he would be testifying on behalf of SB 152 today. He told us it was uncertain whether the hearing would go forward today. However, we reached a staffer in Crowe's office this morning who told us the hearing would take place.

UPDATE: The committe is webcasting its hearing now. Click here for the committee list. Click on the TV icon to the right of the Committee on Commerce, Consumer Protection and International Affairs to watch the hearing. The committe is now discussing SB 29. As I write this the Thompson bill is fifth in line for consideration.

UPDATE 2: We had to wait until the very end of the committee hearing to learn that Sen. Crowe has deferred the SB 152 hearing until next week. Join us then...

Outraged by what it views as uncalled-for bonuses paid to American Airlines executives, the Transport Workers Union has turned to an online game to gets its message across.

NBCDFW.com reports that American Exec Check targets American Airline CEO Gerard Arpey. Southwest boss Gary Kelly is also featured in the game, but his much smaller compensation package is presented by way of contrast to Arpey's.

From the NBCDFW report:

TWU is taking out ads on news Web sites that feature an interactive game in which players match four U.S. corporate executives with their pay packages. Arpey has the richest deal, mostly due to stock-based compensation...

"I'm not comparing American Airlines to AIG," said James C. Little, international president of the TWU. "Nobody could stop the AIG bonuses, but we have an opportunity for American Airlines management to say, 'Is this the right time to take bonuses?"'

American Airlines stock now trades at $3, down from a 2007 high of $40. The company lost more than $2B last year.

A Utah mom has come out swinging against HB 353. The Jack Thompson-conceived bill, overwhelmingly passed by the Utah House and Senate, is currently just a stroke of Gov. Jon Huntsman's (R) pen away from becoming law.

Misty Fowler (left) is a software developer, mother of two and activist Democrat.

She also pens the politically-oriented Saintless blog.

Fowler writes:

I didn’t feel like [Utah Senate sponsor Margaret] Dayton [R] and [Utah House sponsor Mike] Morley [R] came out to share details of the bill, but to introduce it with the idea that this isn’t a punitive bill, so that maybe we would all have warm fuzzies about how good this was for our children. Because really, think of the children, will you?...

As a parent, I feel very strongly that it’s my responsibility to my children to educate them about what they can play, and why...

The ESRB is accomplishing what it should... The Utah Legislature seems to be approving of ESRB by trying to enforce it...

I don’t want this law passed. Not because I don’t want to protect children. But, because I think it’s a bogus attempt to regulate the ESRB, and won’t do anything for our children. It will cost local businesses money, and is likely to remove some great tools I have in making decisions about video games as a parent.

Ask Governor Huntsman to veto it.

Fowler also questions the bill, given Jack Thompson's involvement.

By way of What They Play comes this bit of gaming/TV/war on drugs nostalgia:

Depending on how old you are, you might recall the Super Mario Bros. Super Show. It was a television show that aired on the cusp of the '90s, featuring wrestler Captain Lou Albano as Mario...

America's airwaves in the '80s and '90s were also thick with anti-drug Public Service Announcements. These were usually doled out by celebrities or cartoon characters. It so happens "Mario" warned kids away from drugs, too--in a manner that was a little harsher than the norm...

Over the years, video games have been linked to societal ills ranging from poor academic performance to extreme antisocial behavior.  So perhaps it came as no surprise when the game industry reacted poorly to U.K. health group Change4Life’s “Early Death” ad which visually linked the sedentary nature of video game play to dying before one's time.

Several game industry types spoke out against the ad while trade magazine MCV and trade association Tiga (representing UK game developers) went as far as to submit official complaints with U.K. ad watchdog the Advertising Standards Authority.

Less than two weeks later, the ASA has decided not to take any action against the ad. In its ruling the ASA said:

Most readers would understand that the ad was discouraging a sedentary lifestyle and used the example of playing a console game as an illustration of the type of behaviour which might lead to long-term health problems if no exercise were taken alongside more sedentary activities.

Interestingly, the ASA also said that it received a complaint from someone not affiliated with the video game industry:

One parent objected that the ad was offensive and harmful because it frightened her young child who became scared that she would die if she played video games. The ASA Council sympathised with those concerns and understood that the reference to future health might, for some, be upsetting. However, it considered that the ad was unlikely to cause undue fear or distress to parents or children.

You can read the ASA’s entire response at MCV.

-Reporting from San Diego, GamePolitics Correspondent Andrew Eisen...