Feds target gaming (again)

With many state legislators fighting and failing to install laws that would prohibit children from being exposed to violent and sexually explicit games, it appears that federal lawmakers are taking a different approach to the issue. While the Family Entertainment Protection Act proposed last year would levy fines on those selling M-rated games to minors, a trio of other bills introduced since then focus on ensuring the ratings are accurate, rather than enforced.

Two versions of the Truth in Video Game Rating Act--one for the House and one for the Senate--have been introduced. Both would require the Entertainment Software Ratings Board to review the content of games in their entirety before issuing a rating, as opposed to simply reviewing footage of a game provided by the publisher, which is what it currently does.

Now another bill taking aim at the ratings process has been put before the House of Representatives. Introduced by Rep. Fred Upton (R-MI), the Video Game Decency Act of 2006 takes aim at publishers who would undermine the ratings process by hiding objectionable content in games to receive a more favorable rating.

According to the bill, "It shall be unlawful for any person to ship or otherwise distribute in interstate commerce any video game that contains a rating label containing an age-based content rating for that video game where the person, with the intent of obtaining a less restrictive age-based content rating, failed to disclose content of the video game that was required to be disclosed to the independent ratings organization that assigned such age-based content rating, and which resulted in the video game receiving a less-restrictive age-based content rating than otherwise would have resulted."

"As a parent of two teenagers, I know firsthand that parental involvement is the most important line of defense in determining the type of content suitable for children," Upton said in a statement touting the bill. "And the ratings system empowers parents to do just that. This legislation will restore parents' trust in a system in which game makers had previously done an end-run around the process to deliver violent and pornographic material to our kids. Parents across the country can breathe a sigh of relief as this legislation goes hand in hand with the mission of the industry's own ratings system."

There have been two notable occasions in the past few years where publishers supposedly failed to disclose such content in their games. The Federal Trade Commission found that Take-Two was negligent in the ratings submission process for Grand Theft Auto: San Andreas, resulting in the infamous "Hot Coffee" scandal. Earlier this year, the ESRB chastised Bethesda Softworks for The Elder Scrolls IV: Oblivion, saying the company understated the game's violence and failed to disclose a hidden skin for a topless female character, which was uncovered by third-party modders. Oblivion was also published by Take-Two.

The ESRB can already fine companies up to $1 million for not disclosing objectionable content. The board has also said it could punish repeat offenders by refusing to rate their games at all, effectively preventing their games from being carried by major US retailers.