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Q&A: ESRB president Patricia Vance

As the industry digests the mixed reviews given to it by the Federal Trade Commission, we ask the ESRB president to comment on efforts being made from her bailiwick.

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In 1994, the IDSA (now the ESA, or Entertainment Software Association) created the Entertainment Software Rating Board (ESRB) in order to "apply and enforce ratings, advertising guidelines, and online privacy principles adopted by the computer and video game industry." They are, in simpler terms, those wonderful folks who determine the subtleties of what separates the R-, T-, M-, or, heaven forbid, AO-rated games from one another.

Since the organization was founded, it estimates that it has rated more than 10,000 games (including more than 400 online games) and worked with more than 350 publishers who have submitted products for rating. The ESRB staff is actively engaged in the day-to-day task of rating games as well as responding to legislators, developers, parents, retailers, and the media.

After reading yesterday's almost-100-page document titled Marketing Violent Entertainment to Children: A Fourth Follow-up Review of Industry Practices in the Motion Picture, Music Recording & Electronic Game Industries (see GameSpots's coverage posted earlier today) we sought out ESRB president Patricia Vance for her reaction to the report and for some additional insight into the challenges that face her own organization.

GameSpot: The Federal Trade Commission (FTC) report suggested that efforts to enforce the ESRB rating system at point of sale appears to still be a challenge. Yes, the report says it sees "continued, modest improvement" in enforcement, but still, "69 percent of [unaccompanied children ages 13 to 16] children were able to purchase M-rated games, and more than half (56 percent) of the youngest shoppers--13-year-olds--were able to buy an M-rated game." And what steps can the ESRB take to bring those numbers down?

Patricia Vance: The ESRB is pleased that the Federal Trade Commission’s (FTC) report noted the progress that retailers have made. The ESRB will continue to encourage retailers to enforce its rating system. However, according to the FTC’s own research, parents are involved in the purchase or rental of video games 82 percent of the time. Therefore, ESRB’s focus will continue to be on getting retailers to display signage at the point of purchase that increases awareness and use of the rating system, while at the same time encourages them to enforce the rating system by not selling M-rated games to minors. ESRB also provides materials that retailers can use to train store associates on the rating system. It should be noted that since the FTC Mystery Shopper survey was conducted in the summer of 2003, 12 of the top 14 retailers that sell or rent computer and video games have, or will, relaunch their ratings-awareness, in-store signage with new materials provided by the ESRB.

GS: What's your opinion of the undercover "mystery" shopper survey conducted in the summer of 2003 in which young teens attempted to purchase M-rated games? Do you consider it a fair tactic?

PV: The ESRB welcomes all research, including the FTC’s, that better informs and supports our efforts to raise awareness and use of the rating system.

GS: Where have you seen the most progress made in the area of self-regulation since the FTC's initial September 2000 report?

PV: The ESRB has made a number of improvements since the FTC report was released in 2000, including the creation of an industry advertising code of conduct to promote responsible marketing practices and an enforcement system to ensure compliance. The ESRB has also created a user-friendly Web site for consumers to search for ratings information and to submit inquiries about ratings. Moreover, the ESRB has made significant enhancements in the way ratings are displayed on game packages by adding the specific age recommendation for M- and AO-rated games and increasing the size and prominence of content descriptors.

GS: The report mentions "promised industry improvements in adopting and enforcing restrictive sales policies [to be] put into place by the end of this year." What improvements are upcoming?

PV: The report referenced the pledge by retailers and the IEMA (The Interactive Entertainment Merchants Association) to implement the nationwide carding system by the 2004 holiday season. The IEMA has more information on this.

GS: What's preventing the content descriptors from moving from the back of the game packaging to the front? Do you expect the positioning of such to ever change?

PV: Last year, the ESRB increased the size and prominence of content descriptors on the back of game packages, and required that the rating symbol be repeated on the back wherever content descriptors appear. Consumers expect and demand information about what’s in the game from the back of packaging, whereas the front of the package primarily serves to capture their attention. ESRB believes that more consumers will see and actually use the content descriptors if they are on the back of the package.

GS: Can you clarify the authority the ESRB has among retailers? Is it similar to the authority it has with publishers?

PV: The ESRB has no enforcement authority over retailers. We strongly encourage retailers to help educate parents and other consumers about the rating system, enforce their store policy regarding the sale of "M" games to minors, and provide training for their sales associates. We also support the IEMA’s new carding initiative.

GS: Has the fact that games now play a more prominent role in popular entertainment made the ESRB's job tougher?

PV: Entertainment licenses are not new to the video game industry, and the ESRB has had cross-marketing guidelines in place for some time. These guidelines, which prohibit M-rated games from being target-marketed to minors in third-party promotions and licensed merchandise, will continue to be enforced.

GS: As movies and music begin to play a more significant role in the content and branding of games, is there increased dialogue on self-regulation between you and your counterparts at the MPAA and RIAA?

PV: We often talk to other rating and standards organizations to keep up to date and discuss issues in general, but our rating policies and the criteria we use are and will continue to be unique to interactive entertainment software.

GS: Thanks, Patricia.

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