Chapter 7.6 Content Regulation

2 History of Censorship Legal source of American speech protection is the 1791 First Amendment to the U.S. Constitution: “Congress shall make no law … abridging the freedom of speech…” First Amendment protection Extended to states and localities by Fourteenth Amendment in 1868 U.S. Supreme Court is ultimate interpreter of free speech rights

3 Current Free Speech Standard Sexually obscene expression can be censored But only if the material, taken as a whole: Appeals to the prurient interest in sex Portrays sexual conduct in a patently offensive way Does not have serious literary, artistic, political or scientific value Violent but not sexually explicit expression is subject to “strict scrutiny” by the courts A higher degree of constitutional protection

4 Congress and Video Games Senate hearings in early 1990s showed public concern for the emerging violent and sexual nature of video games reaching children Harm to children was assumed Rather than substantiated by experts who testified Hearings carried an implicit threat of content regulation if children were not protected

5 Industry Self Regulation Following hearings, major game companies formed a trade association (Entertainment Software Association) To devise industry standards To create lobbying and public relations programs to deal with censorship threat Electronic Software Rating Board (ESRB) was formed To develop and enforce voluntary video game ratings based upon the model of the Motion Picture Association of America

6 ESRB Rating System: ESRB Codes (On Front of Game) EC (Early Childhood) 3 and older – Contains no material that parents would find inappropriate E (Everyone) 6 and older – Minimal cartoon, fantasy or mild violence and/or infrequent use of mild language E10+ (Everyone 10+) 10 and older – Cartoon, fantasy or mild violence, mild language, and/or minimal suggestive themes T (Teen) 13 and older – Violent content, infrequent strong language, and/or suggestive themes M (Mature) 17 and older – Mature sexual themes, more intense violence and/or strong language AO (Adults Only) Content suitable only for adults – not intended for under 18 Graphic depictions of sex and/or violence RP (Rating Pending) Has been submitted to the ESRB and is awaiting final rating

7 ESRB Rating System: ESRB Descriptors (On Back) In addition to the letter codes, the ESRB has promulgated 32 “descriptors” to further inform purchasers Descriptors include: BLOOD AND GORE CARTOON VIOLENCE FANTASY VIOLENCE INTENSE VIOLENCE NUDITY SEXUAL VIOLENCE STRONG LYRICS STRONG SEXUAL CONTENT USE OF DRUGS USE OF TOBACCO

8 Criticism of ESRB Rating System Voluntary system is too lenient and lacks effective penalties Voluntary system is too harsh and is a form of overbroad self censorship Ratings are incomplete and do not cover online-created content Ratings are ignored or misunderstood by target audience Publishers ignore ratings in marketing efforts

9 Judicial Response to Video Game Censorship Courts differentiate between sexual and violent video game content, affording greater protection to violent content Early video game cases involved violence, newer games raise sexual content issues not yet decided by courts Courts have found lack of reliable support linking game violence with harm to children and have ruled in favor of video game makers

10 Foreign Content Regulation The U.S. First Amendment legal scheme evolved over 200 years and is unique among countries Other countries typically provide less protection to speech, and in particular sexual or violence oriented speech Countries like Germany and China are among governments that ban games or game content that is politically offensive Greece attempted to ban all video games as subversive The European Union, China and Australia are among governments that enforce a rating system Canadian game companies follow the ESRB ratings although they are not members