Posted Nov 29, 2005 at 09:15PM by Dan E. Listed in: News
Ó

source: IGN
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The controversy surrounding the sale of adult-themed videogames to minors climbs to another level with today's announcement that Senator Hillary Clinton (D-NY) and Senator Joseph Lieberman (D-CT) intend to introduce federal legislation that would prohibit the sale of "mature" titles to minors when Congress reconvenes in two weeks.

The legislation, called the Family Entertainment Protection Act, will prohibit "any business [from] selling or renting a Mature, Adults-Only, or Ratings Pending game to a person who is younger than seventeen." The Act states that its intent is not to punish "retailers who act in good faith to enforce the Entertainment Software Ratings Board (ESRB) system" but rather provides them with an "affirmative defense" against liability if they are shown what appears to be a valid identification at the time of purchase.

Further provisions of the Act include:

- An annual analysis of the ESRB rating system to determine its effectiveness,

- Authority for the Federal Trade Commission (FTC) to investigate misleading ratings (this provision is in response to the Grand Theft Auto: San Andreas "Hot Coffee" situation),

- The authority for consumers to register complaints with the FTC regarding game content,

- And authority for the FTC to conduct random annual audits of retailers through a "secret shopper survey" to determine the ease with which young people can purchase M and AO rated games with the findings being reported to Congress.

In proposing the legislation with Senator Lieberman, Senator Clinton acknowledged that videogames are "fun and entertaining" and that this legislation does not impose any limitations on the production or sale of games to adults. Rather, the Act would "empower parents by making sure their kids can't walk into a store and buy a video game that has graphic, violent and pornographic content...this is about protecting children."

In its retail restrictions, the proposed federal leglislation is similar in both intent and content to legislation at the state level in California, Michigan, Illinois, and Florida. The federal bill, however, goes further in establishing a regular audit of the ESRB system and granting the FTC additional authority over the game industry.

California's violent game legislation was recently signed into law by Republican Governor Arnold Schwarzenegger but is being challenged by the Entertainment Software Association (ESA) and the Video Software Dealers Association (VSDA) in California district court as being unconstitutional.

The enforcement of the Michigan legislation is on hold as a federal judge granted an injunction filed by the ESA, VSDA, and the Michigan Retailers Association that the state had failed to "demonstrate the perceived harm it seeks to protect against" and that the Michigan law could be seen as "stifling free speech" and causing "irreparable harm" to First Amendment freedoms. Courts have used similar arguments to strike down comparable legislation in Washington State, the city of Indianapolis and St. Louis County in Missouri. The Illinois law is currently being challenged in Federal court in Chicago by the ESA and VSDA while the Florida legislation has been proposed but not yet voted upon.


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18 Comments


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   by Alyks (Unregistered) - 2005-11-29

Yeah, this is total bull. First of all, it should be the parents that take responsibility; and second, playing violent video games doesn't make somebody violent. People who are already violent go and imitate shooting games when they would have shot somebody anyway.

   by ISOHaven (Unregistered) - 2005-11-29

I love this!!! I think it's awesome!

For all you babies whinning about protecting the 17 year olds....are you retarded or just plain stupid? Do you think the same way about protecting 17 year olds from playboy? STFU you morons!!!!

The only other people ****ing about this are people under 17!

I was worried about certain states not "playing ball" but now it doesn't matter once it goes federal!

   by ISOHaven (Unregistered) - 2005-11-29

"First of all, it should be the parents that take responsibility"

What the hell is this BS I'm reading from all you idiots? So we should lift the regulation on Alcohol and Porn??? After all it's the parents that should make sure their kids don't but it right?

You people are total idiots!!!! Stupid ****s that know nothing of what you speak.

   by Lxhotboy (Unregistered) - 2005-11-29

I agree that it is the parents responsibility for the most influence of what your child does like drinking, smoking, sex, or playing a videogame that may be to explicit for them to actually view. That does not mean that we should not have laws too though. It is more than just the parents who are responsible. The parents should be the ones playing the biggest part though i agree.

   by Alyks (Unregistered) - 2005-11-29

"What the hell is this BS I'm reading from all you idiots? So we should lift the regulation on Alcohol and Porn??? After all it's the parents that should make sure their kids don't but it right?"

We shouldn't lift the regulation of alcohol and porn, but if a kid does steal some beer, you don't punish the makers of the beer, do you?

Video games aren't anything like alcohol, mainly because it doesn't alter the mind like alcohol. We should lift the laws of "only 18 year olds and up can view" but only as long as the parent agrees.

   by Extremist (Unregistered) - 2005-11-29

I generally agree with the notion that this should be controlled by the parents, but the fact is they DON'T!

What's the problem anyway, do anyone on here have problems getting the games you want? So why bother with it?

   by seaman9 (Unregistered) - 2005-11-29

More proff that Hillary Shouldn't be the prez

   by nightrose (Unregistered) - 2005-11-29

Seaman9: The fact that you can't spell "proof" scares me, honestly.

While their goals are admirable and logical, they keep forgetting that legislation doesn't work for this sort of thing. Kids will ALWAYS find a way to get the games. Besides, you can't protect a 13-year-old from the games his 18-year-old siblings buys.

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   by ISOHaven (Unregistered) - 2005-11-29

"We shouldn't lift the regulation of alcohol and porn, but if a kid does steal some beer, you don't punish the makers of the beer, do you?"

Another retard speaks out!!!! If a kid steals a AO video game THEY WILL NOT PUNISH the retailer. The retailer is only punished when they SELL the game to a minor.

I think I fell off the bus again Carlos!!!!!

   by ChronosWing (Unregistered) - 2005-11-29

Honestly this is BS and will never be put into law. I don't see any law that punishes retailer's for selling rated R movies to minor's, so I don't see the point in this. Anyways most retailers now aday's alot of the big ones have their cash registers set up so you can't even purchase a mature game until you enter the persons birth date and check their liscence. Leiberman has tried this crap in the past even before GTA, It won't become law so don't bother getting your hopes up. Kids are gonna do what they want to do, not their perents or the government are gonna stop them in any way.

   by Jonathan (Unregistered) - 2005-11-29

That's bull. All democrats are the same, btw, not to be mean or anything, but when you guys copied it form IGN, you left the "Because this is a story that will have a widespread impact throughout the interactive entertainment industry, you can be assured that we will keep you informed as developments warrant." part.

   by ndn_elephant (Unregistered) - 2005-11-29

The legislation, called the Family Entertainment Protection Act, will prohibit "any business [from] selling or renting a Mature, Adults-Only, or Ratings Pending game to a person who is younger than seventeen."

Uhh yea, we must protect the children from the vast amount of AO games released... wait, last time I remembered, there are no games rated AO so far xD. And ofcourse we must protect the 17 year olds from AO rated games, I mean think of the effects for these 17 y/o if they see sexual acts.

   by nEcRo64x (Unregistered) - 2005-11-29

What a waste of tax payer dollars... regulating video games... Parents should:

a) take an interest in the games they play.

b) smack their kids.

If video games train teens and young adults to become killing machines, when the red Chinese invade America with their massive army there will be no need for basic training. Think of the big picture people!

   by Lexiticus (Unregistered) - 2005-11-29

ESRB is there for a reason, But it shouldn't be enforced. If a parent actually keeps tabs on their kids, at ALL. they could at the latest catch them within a WEEK of getting a "Unsuitable game"

This is simply a waste of money and merely a publicity stunt to buy votes from the elderly florida residents..

   by NeoSynthetic (Unregistered) - 2005-11-29

it won't pass, there're wayyy too many provisions.

   by dru (Unregistered) - 2005-11-29

ndn_elephant, that's not true; there are a few AO games out there, an example would be the uncut edition of Leisure Suit Larry: Magna cum Laude, and those various dating/love sims from Japan.


I do think that this whole thing is a bunch of bull, and that it should be the parents' responsibility to keep them from playing those games; it's not like it's impossible for a kid to fire up Azureus or Limewire and get the latest porn or gore flick, or to go down to the convenience store and swipe a magazine off the shelf when no one's looking. In fact, that's more often where most of the sexual influence on teens comes from, not from games for pete's sake.

   by Phil Nolan (Unregistered) - 2005-11-29

That's the most hilarious picture of Hillary Clinton I've ever seen. I wonder what on earth was on her mind!

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   by RvN (Unregistered) - 2005-11-29

They should enforce esrb ratings the same way they enforce movie ratings...

why must they make it so complicated?



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