Family Entertainment Protection Act

Last updated
Family Entertainment Protection Act
Great Seal of the United States (obverse).svg
Long titleFamily Entertainment Protection Act
Acronyms (colloquial)FEPA
Announced inthe 109th United States Congress
Sponsored by Hillary Clinton (D-NY)
Number of co-sponsors3
Legislative history

The United States Family Entertainment Protection Act (FEPA) was a failed bill introduced by Senator Hillary Clinton (D-NY), and co-sponsored by Senators Joe Lieberman (D-CT), Tim Johnson (D-SD) and Evan Bayh (D-IN) on November 29, 2005. The bill called for a federal mandate enforcement of the Entertainment Software Rating Board (ESRB) ratings system for video games in order to protect children from inappropriate content. [1]

Contents

The FEPA would have imposed fines of US$1000 or 100 hours of community service for a first time offense of selling a "Mature" or "Adult-Only" rated video game to a minor, and $5000 or 500 hours for each subsequent offense. The bill also called for a FTC investigation into the ESRB to ascertain whether they have been properly rating games. [2]

Similar bills have been passed in some U.S. states such as California, Michigan and Illinois, but were ruled to be unconstitutional [3] in Brown v. Entertainment Merchants Ass'n , 564 U.S. 08–1448 (2011).

This bill did not become law; it was referred to the Senate Committee on Commerce, Science and Transportation and expired at the end of the 109th Congress without further action. [4]

Major Proposals

I. Prohibition on Selling Mature and Adults Only video games to minors

The centerpiece of this bill is a prohibition against any business for selling or renting a Mature, Adults-Only, or Ratings Pending game to a person who is younger than seventeen. On-site store managers would be subject to a fine of $1,000 or 100 hours of community service for the first offense; $5,000 or 500 hours of community service for each subsequent offense. This provision is not aimed at punishing retailers who act in good faith to enforce the Entertainment Software Ratings Board (ESRB) system. That’s why retailers would have an affirmative defense if they were shown an identification they believed to be valid or have a system in place to display and enforce the ESRB system. Similar prohibitions had become law in the last several months in California, Michigan, and Illinois, but were later overturned.[ citation needed ]

II. Annual Analysis of the Ratings System

Since the bill relies on the video game industry to continue rating the appropriateness of games for minors, this bill requires an annual, independent analysis of game ratings. This analysis will help ensure that the ESRB ratings system accurately reflects the content in each game and that the ratings system does not change significantly over time.

III. Authority for the Federal Trade Commission (FTC) to Investigate Misleading Ratings

Part of the genesis of this bill was the revelation that the makers of Grand Theft Auto: San Andreas had included, through embedded code that was discovered and made accessible to the public, sexually explicit content inconsistent with the game’s Mature rating (commonly known as the Hot Coffee mod). This bill requires the FTC to conduct an investigation to determine whether what happened with GTA: San Andreas is a pervasive problem. It also includes a Sense of Congress that the Commission shall take appropriate action if it determines that there is a pervasive problem.

IV. Authority to Register Complaints

This bill requires the Bureau of Consumer Protection (BCP) of the FTC to ensure that consumers can file complaints if they find content to be misleading or deceptive and requires the BCP to report on the number of such complaints to Congress.

V. Annual Retailer Audit

This bill authorizes the FTC to conduct an annual, random audit of retailers – sometimes referred to as a secret shopper survey – to determine how easy it is for young people to purchase Mature and Adults Only video games and report the findings to Congress.

Related Research Articles

<span class="mw-page-title-main">Entertainment Software Rating Board</span> North American self-regulatory organization

The Entertainment Software Rating Board (ESRB) is a self-regulatory organization that assigns age and content ratings to consumer video games in the United States and Canada. The ESRB was established in 1994 by the Entertainment Software Association, in response to criticism of controversial video games with excessively violent or sexual content, particularly after the 1993 congressional hearings following the releases of Mortal Kombat and Night Trap for home consoles and Doom for home computers. The industry, pressured with potential government oversight of video game ratings from these hearings, established both the IDSA and the ESRB within it to create a voluntary rating system based on the Motion Picture Association of America film rating system with additional considerations for video game interactivity.

Advertising in video games is the integration of advertising into video games to promote products, organizations, or viewpoints.

<span class="mw-page-title-main">Entertainment Software Association</span> United States trade association of the video game industry

The Entertainment Software Association (ESA) is the trade association of the video game industry in the United States. It was formed in April 1994 as the Interactive Digital Software Association (IDSA) and renamed on July 21, 2003. It is based in Washington, D.C. Most of the top publishers in the gaming world are members of the ESA.

In video games, censorship are efforts by an authority to limit access, censor content, or regulate video games or specific video games due to the nature of their content. Some countries will do this to protect younger audiences from inappropriate content using rating systems such as the ESRB rating system. Others will do this to censor any negative outlook on a nation's government.

<span class="mw-page-title-main">PEGI</span> European video game content rating system

PEGI, short for Pan-European Game Information, is a European video game content rating system established to help European consumers make informed decisions when buying video games or apps through the use of age recommendations and content descriptors. It was developed by the Interactive Software Federation of Europe (ISFE) and came into use in April 2003, replacing many national age rating systems with a single European system. The PEGI system is now used in 41 countries and is based on a code of conduct, a set of rules to which every publisher using the PEGI system is contractually committed. PEGI self-regulation is composed by five age categories and nine content descriptors that advise the suitability of a game for a certain age range based on the game's content. The age rating is not intended to indicate the difficulty of the game or the skill required to play it.

The Videogame Rating Council (V.R.C.) was introduced by Sega of America in 1993 to rate all video games that were released for sale in the United States and Canada on the Master System, Genesis, Game Gear, Sega CD, 32X, and Pico. The rating had to be clearly displayed on the front of the box, but their appearance in advertisements for the video game was strictly optional. It was later supplanted by the industry-wide Entertainment Software Rating Board.

<span class="mw-page-title-main">Hot Coffee (minigame)</span> Minigame in Grand Theft Auto: San Andreas

"Hot Coffee" is the unofficial name for a minigame in the 2004 action-adventure video game Grand Theft Auto: San Andreas by Rockstar Games. While it was not playable in the official game release, the modding community discovered hidden code that, when enabled, allows protagonist Carl "CJ" Johnson to have animated sexual intercourse with his in-game girlfriend.

The National Institute on Media and the Family (NIMF), founded by psychologist David Walsh in 1996 and closed in 2009 was a nonprofit organization based in Minneapolis, Minnesota. It was a nonsectarian advocacy group which sought to monitor mass media for content that it deemed is harmful to children and families. The group characterized itself as "an international resource center for cutting-edge research and information" and denied playing any role in media censorship.

The Interactive Entertainment Merchants Association (IEMA) was a United States-based non-profit organization dedicated to serving the business interests of leading retailers that sell Interactive entertainment software. Member companies of the IEMA collectively accounted for approximately seventy-five percent of the $10 billion annual interactive entertainment business in the United States. The association was established in 1997 by Hal Halpin, its president and founder, and counts among its member companies the largest retailers of games including Walmart, Target Corporation, Blockbuster Entertainment and Circuit City. The IEMA also sponsored an important annual trade show in the promotion of the business of the video game industry called the "Executive Summit".

A content rating rates the suitability of TV shows, movies, comic books, or video games to this primary targeted audience. A content rating usually places a media source into one of a number of different categories, to show which age group is suitable to view media and entertainment. The individual categories include the stated age groups within the category, along with all ages greater than the ages of that category.

The Recreational Software Advisory Council (RSAC) was an independent, non-profit organization founded in the U.S. in 1994 by the Software Publishers Association as well as six other industry leaders in response to video game controversy and threats of government regulation.

<span class="mw-page-title-main">Truth in Video Game Rating Act</span>

The United States Truth in Video Game Rating Act (S.3935) was a failed bill that was introduced by then Senator Sam Brownback (R-KS) on September 26, 2006. The act would require the ESRB to have access to the full content of and hands-on time with the games it was to rate, rather than simply relying on the video demonstrations submitted by developers and publishers. In addition, the ESRB would become oversighted by the Government Accountability Office (GAO), and the Federal Trade Commission would define details of content for the ESRB ratings. Brownback said of the bill's introduction, "The current video game ratings system needs improvement because reviewers do not see the full content of games and don’t even play the games they are supposed to rate. For video game ratings to be meaningful and worthy of a parent’s trust, the game ratings must be more objective and accurate."

The Video Game Decency Act of 2007 was a failed proposed piece of U.S. video game legislation originally introduced into the 109th Congress as H.R. 6120 by Congressman Fred Upton on September 29, 2006. The bill was reintroduced into the 110th Congress as H.R. 1531 in March 2007, but died in committee later that year.

Don James is an American video game executive and currently serves as the executive vice president of operations for Nintendo of America.

The concept of video games as a form of art is a commonly debated topic within the entertainment industry. Though video games have been afforded legal protection as creative works by the Supreme Court of the United States, the philosophical proposition that video games are works of art remains in question, even when considering the contribution of expressive elements such as acting, visuals, stories, interaction and music. Even art games, games purposely designed to be a work of creative expression, have been challenged as works of art by some critics.

<span class="mw-page-title-main">Video game content rating system</span> System used for the classification of video games into suitability-related groups

A video game content rating system is a system used for the classification of video games based on suitability for target audiences. Most of these systems are associated with and/or sponsored by a government, and are sometimes part of the local motion picture rating system. The utility of such ratings has been called into question by studies that publish findings such as 90% of teenagers claim that their parents "never" check the ratings before allowing them to rent or buy video games, and as such, calls have been made to "fix" the existing rating systems. Video game content rating systems can be used as the basis for laws that cover the sales of video games to minors, such as in Australia. Rating checking and approval is part of the game localization when they are being prepared for their distribution in other countries or locales. These rating systems have also been used to voluntarily restrict sales of certain video games by stores, such as the German retailer Galeria Kaufhof's removal of all video games rated 18+ by the USK following the Winnenden school shooting.

Brown v. Entertainment Merchants Association, 564 U.S. 786 (2011), was a landmark decision of the US Supreme Court that struck down a 2005 California law banning the sale of certain violent video games to children without parental supervision. In a 7–2 decision, the Court affirmed the lower court decisions and nullified the law, ruling that video games were protected speech under the First Amendment as other forms of media.

<span class="mw-page-title-main">Loot box</span> Purchasable video game item containing random rewards

In video games, a loot box is a consumable virtual item which can be redeemed to receive a randomised selection of further virtual items, or loot, ranging from simple customization options for a player's avatar or character to game-changing equipment such as weapons and armor. A loot box is typically a form of monetisation, with players either buying the boxes directly or receiving the boxes during play and later buying "keys" with which to redeem them. These systems may also be known as gacha, which is popular in Japan, and may be integrated into gacha games.

<span class="mw-page-title-main">1993–94 United States Senate hearings on video games</span> US video game industry lawmaking

On December 7, 1993, and March 5, 1994, members of the combined United States Senate Committees on Governmental Affairs and the Judiciary held congressional hearings with several spokespersons for companies in the video game industry including Nintendo and Sega, involving violence in video games and the perceived impacts on children. The hearing was a result of concerns raised by members of the public on the 1993 releases of Night Trap, Mortal Kombat and later Doom which was released after the first hearing. Besides general concerns related to violence in video games, the situation had been inflamed by a moral panic over gun violence, as well as the state of the industry and an intense rivalry between Sega and Nintendo.

References

  1. "Senators Clinton, Lieberman Announce Federal Legislation to Protect Children from Inappropriate Video Games". Archived from the original on July 31, 2008. Retrieved December 18, 2005.
  2. GameSpot. "Game-restriction bill submitted to congress". Archived from the original on December 19, 2005. Retrieved December 18, 2005.
  3. Patrick R. Byrd. "It's All Fun And Games Until Someone Gets Hurt: The Effectiveness Of Proposed Video-Game Legislation On Reducing Violence In Children" (PDF). Archived from the original (PDF) on 2015-09-24. Retrieved 2008-08-27.
  4. Govtrack.us. "S. 2126 [109th]: Family Entertainment Protection Act" . Retrieved 2007-08-31.

Criticism