Congress seeks truth in video game ratings

Could the video game rating system be better? Some congressmen think so, and …

Ever since the infamous Hot Coffee screwup by Rockstar Games, video game content has been a hot-button topic for many of our elected officials looking to score points with their constituencies. That's the best way to explain the glut of legislation intended to hinder the ability of minors to buy certain video games, despite their lack of constitutionality.

A group of congressmen have decided to join in the fun by introducing the "Truth In Video Game Rating Act" (PDF). Sponsored by Rep. Cliff Stearns (R-FL), Rep. Mike McIntyre (D-NC), and Rep. Jim Matheson (D-UT), the law would give the Federal Trade Commission broad powers to regulate video game ratings and force some significant changes to the game rating system.

Changes to the ratings system

In particular, the ESRB would have to make some costly changes to its ratings process, as rating games on partial content would be verboten. The FTC would devise rules that "shall prohibit any person or entity from providing a content rating of any video or computer game that is to bear a label containing such content rating when sold or distributed in interstate commerce unless such person or entity has reviewed the content of the video or computer game in its entirety."

Beyond that, the bill would also make failing to disclose game content illegal as well as the "gross mischaracterization of content" within a particular title.

The Truth in Video Game Rating Act would also study the "problem" of online ratings. Under another provision of the Act, the Comptroller General would have to conduct a study to determine the effectiveness of the current ratings system with regard to online play. That same study would look also look at the ESRB's rating system as a whole and explore the possibility of an independent rating system for video games as an alternative.

This is not the first attempt by the federal government to establish oversight over the video game ratings system. Late in 2005, Sen. Hillary Clinton (D-NY) and Sen. Joe Lieberman (D-CT) introduced the Family Entertainment Protection Act. FEPA, which is currently languishing in committee, would punish retailers for selling M- and AO-rated games to children, establish an annual review of the ESRB ratings system to gauge its effectiveness, and require the FTC to take complaints from consumers about deceptive ratings.


The new legislation is problematic on a couple of fronts. First of all are the ever-present First Amendment issues. The ESRB's rating system is purely voluntary, and as such, it would be problematic for the government to intervene in the ratings process.

Perhaps even more alarming for the ESRB is the prospect of having to look at every frame of a video game in order to issue a rating. Currently, developers submit a reel with representative game content to the ESRB. Once that video is screened, the ESRB issues a rating. Watching the entirety of an epic motion picture like LOTR: Return of the King is one thing; looking through the tens of hours of footage that could be accessible from within a game is another thing entirely.

Given that FEPA has never made it out of committee, the prospects for the Truth in Video Game Rating Act are probably not too stellar during the current session. Besides, the ESRB seems determined to ensure that another Hot Coffee incident never happens. Misrepresenting game content to the board will cost the developer $1 million and developers are already required to document all hidden content. However, it is an election year and video game violence is always a popular hot-button issues for elected representatives to fall back on, so anything can happen.

Expand full story

You must to comment.