California Legislator To Introduce Games Bill

Thanks to Reuters for their report that California state legislator Leland Yee will introduce two bills restricting sales of violent video games next week. According to the article, the bills will continue Yee's previously reported plans: "The first bill will expand the 'harmful matter' definition to include games where the player can injure another human character 'in a manner that is especially heinous, atrocious or cruel'", and "The second bill would require games with a 'Mature' rating from the Entertainment Software Ratings Board, meaning they are not intended for children under 17, to be stocked above children's eye level and separately from other games. Stores would also have to display signs explaining ESRB ratings." However, although Yee "has signed on a number of co-sponsors" for the California-specific bills, their passage into law is not assured, and the piece points out that "Federal courts have previously struck down laws in Indianapolis and St. Louis" drafted along similar lines.

Comments

Separation and enforceability

[Cyphertube]

stocked above children's eye level and separately from other games

Two things bother me about this:

1. What is a child's eye level? Tell me the difference between a 6' tall 15 y.o and a 4'8" 50 y.o.? How can you enforce a child's eye level? Without a specific height defined in the legislation, enforcing this will be difficult to say the least and some court will throw it out.
2. By separating these games, will it not create the same backlash that happened with those stupid 'Tipper Gore'-sponsored Parental Advisory labels on music? I think more than anything, it'll make it easier to find the games. At any rate, these titles already are labeled mature and list the reasons why and parents still buy them. Given that the latest statistics show that adult women gamers outnumber boys 8-15 y.o., this really won't affect the market.

Of course, reality says to me it doesn't really matter since I don't live in California and I won't live in California. Even if they try to ban such games here (Minnesota), unless they ban them in all 50 states, which would never be held up under First Amendment legislation, trying to keep me from ordering them from elsewhere would violate interstate commerce, which is under Federal jurisdiction, not state.

Re:Cracking the ESRB code

[scot4875]

Maybe a bill to force parents to actually look at the game they buy their children would be better.

That's what this bill does. Kids can't legally buy M-rated games (under the bill), forcing parents to buy it for them. And while that doesn't force them to read the label, at least they might give it a glance.

Personally, I wish the ESRB had the ability to crack down on dealers who sell M-rated games to minors. The ratings are there for a reason. They aren't working right now because nobody can enforce them. (and honestly, do you think that EB and company will turn down a customer's money if they don't have to?) This bill would make them enforcable.

--Jeremy