ESRB President Patricia Vance on Wednesday testified before the U.S. House of Representatives Subcommittee on Commerce, Trade and Consumer Protection about informing parents about (and protecting children from) violent and explicit video games. In her testimony, Vance showed off the ESRB's war chest of available actions for penalizing publishers. The armaments include:
- Fines of up to $1 million for the "most egregious offenses"
- Suspension of publisher's access to the ratings system. Similar to the government ratings system in Australia, titles without rating usually do not get shelf space on retail stores.
In addition, publishers can be forced to
- Pull advertising until the ratings information is corrected
- Correct the ratings with stickers placed on the package
- Recall the game
To what extent the ESRB will use these tactics is uncertain. Vance's testimony (download the PDF
here) was meant to soothe the government's concerns that kids being traumatized by a values-destroying games industry. When another publisher tries to swindle the ratings board, how harsh is the ESRB willing to punish the violator?
See Also:
Tepid Coffee: Take-Two gets foreboding slap on wrist by FTC
{ Jun 15th 2006 at 3:25PM } 
Reader Comments (Page 1 of 1)
Chris @ Jun 15th 2006 3:44PM
OMGZ!!! what if my child plays that game he will be scared for life... here watch Fox News and see real people get blown up by car bombs.
that sound about right?
kyou @ Jun 15th 2006 3:54PM
What a load of crap. Honestly, who the fuck is the ESRB to tell us what to play? Yeah, I agree the ESRB helps parents choose games for their children. But still... values change among countries, families and even individuals. The ESRB has gone nuts since the Hot Coffee mod. They acted like those were the pixels of moral decay and impending doom! In my opinion GTA would fall in the T category. It's not that violent. And USA is the only country that blames crimes on videogames. In the other hand games like God of War where you get to have sex with two ladies at the same time (that Kratos is a stud!) to earn a couple of red orbs, kill people for health and impale hydras on sticks... well, that games does deserve a M tag.
What I'm trying to say is that punishing a developer for tagging a game with M when it's really Ao... it's just stupid (that's what this will probably be about since games tagged with Ao aren't allowed to be sold at stores like Wallmart). What's the deal with Ao anyways!? It's just a ONE YEAR difference. People don't just mature in one year.
kevin @ Jun 15th 2006 4:04PM
Stop putting all the blame on the ESRB. The ESRB was established by the video game industry to regulate games because of pressure from the U.S. Congress. Basically they didn't want the Government to regulate the video game rating system so they came up with their own.
Now with the Government breathing down their necks again I'm not surprised the steps the ESRB are taking so something like the hot coffee mod won't happen again.
Remind anyone of the Mortal Kombat days?
J.Goodwin @ Jun 15th 2006 4:04PM
This is kind of disturbing.
Bethesda indicated that they had presented a complete selection of what was in the game, and were kind of surprised that it came back with a T rating.
If the ESRB changes your rating and blames you for it, then fines you a million bucks, that can seriously fuck up smaller developers.
Even what happened with Rock Star, I don't think is deserving of a fine like that. They excised the content in the manner that's been standard in the industry for years (just disable it in the final build, but the data's still in there), and then got pilloried when some nutjob went prowling through their data (disassembling it, in violation of DMCA, I might add).
Rodents @ Jun 15th 2006 4:08PM
what bastards
WedgeTalon @ Jun 15th 2006 4:08PM
kyou - The same can be said about movie's NC-17 rating (what used to be called X). And we see the same thing happen there. When was the last time you saw an NC-17 at the theatre? I doubt you can even say you did if you went to see pr0n. From what I understand, they don't even BOTHER to rate those because they KNOW it would be harshly.
Also, if you compare the content of M games to R movie, in my personal opinion, movies far outstrip games in "objectionable" content.
To change direction just a bit, is it just me, or do these "leaders" of our country look foolish when they say a game that is rated for people one year from legally being adult is a "kid's game" and is even MARKETED to kids! What, is that because it contains gameplay footage? Last time I saw a GTA commercial, it was very age-neutral. Showed some gameplay, had some music, a bit of dialogue. No Barney cameos... You may as well say Kill Bill was marketed to kids.
Mob @ Jun 15th 2006 4:18PM
Are you kidding me? "Who the fuck is the ESRB?" The ESRB is the ONLY thing standing between the industry and the government. If the ESRB went away, do you know what would take its place? LAWS. Vance is doing her damndest right now to prevent the government from thinking that laws are the only way to "protect the children." The ESRB is doing you a goddamn favor. How about you stop undercutting it and try to find a way to help it out.
Do you have any idea what kind of laws would be passed? Sure they might just be laws against selling games to minors, or maybe the politicians would ask for more. Maybe they'll make it illegal to MAKE adult games. Right now, you can make whatever kind of game you want. There is nothing preventing you from making an AO game. But if you want an ESRB label, you need to be honest with the ESRB. You lie to the ESRB, and you get a situation like we got right now. Politicians, in an election year, trying to show that the ESRB is not working, so they can pad their damn resume.
You aren't even required to submit to the ESRB. You won't get a label, and will miss out on some distribution oppurtunities, but that is your choice. If the politicians get their way, you damn well better believe they'll want to review every game made. You won't have a choice.
The ESRB is GOOD for the industry. It's in the best interest of the industry to show that it can self-regulate. And people like you and Take Two are cutting the fucking legs out from under them. You think that HELPS the situation? You think the government will do the job better than the ESRB?
Matt Paprocki @ Jun 15th 2006 4:26PM
#2: "Honestly, who the fuck is the ESRB to tell us what to play?"
Um, they're not. If the company puts content in the game they don't disclose, the fine is issued. It's not affecting you in anyway.
Jeff @ Jun 15th 2006 4:34PM
kyou:
I'm not sure you really understand what the ESRB is and what it does. The ESRB is an industry-created, industry-funded organization comprised of member companies from the industry itself. Its rating system is ostensibly voluntary, although by design it is difficult for any company to release an unrated game and have major retailers carry it. But this is the point - the industry polices itself, rather than the government doing it for them.
I'll also say that these fines get handed out pretty frequently. It's just not usually front-page news, and it's not usually the $1 million maximum. $10,000 fines are common as dirt - and while that may not sound like much, the offenses usually aren't much either. Stuff like sending out a single print ad before it's ESRB-approved might get a $10,000 fine. They're usually just mistakes. But the point is, none of this stuff is new, and while I haven't personally heard of anyone having their ESRB membership revoked, it's something that's been in the rulebook for as long as I can remember.
(I'm saying this from experience; it used to be my job to attend ESRB meetings for the publisher I worked for.)
32_Footsteps @ Jun 15th 2006 4:36PM
I'll do my typical deal - I'll admit the theory behind the ESRB is good, but point out the practices of it could be much more effective.
For example, we have a list of potential punishments the ESRB can take. But here are my questions - under what circumstances will those punishments be levied? Is there anything that will compel a publisher to abide by these rulings (most likely there is in the form of a contract; could the public see a sample of these contracts)? What happens to money and materials the ESRB collects for these purposes?
I'm interested to know whether all this was just fluff to assuage politicians, or if the ESRB is ready to show some teeth.
WedgeTalon @ Jun 15th 2006 4:44PM
To all you ESRB detractors, take a minute and consider the MPAA. That's who does the ratings for movies. You know, those incredibly inconsistent, vauge, little tiny boxes that you'd have to HUNT for to see on the backs of DVDs?
Compared to them, the ESRB is doing a stellar job. IIRC, adoption and parental knowledge of the ESRB ratings have much better markings than the movies' ratings. Heck, just look at the packaging. The ESRB has space on both front and back, and they aren't tiny little areas at all. They're quite noticable.
Lucas @ Jun 15th 2006 5:07PM
Videogame to Movie/Music comparisons aren't valid because the MPAA and RIAA have had many politicians in their pockets for years. The ESRB doesn't have enough paid politicians so videogames get the same treatment "rock and roll" did in our parent's generation. The problem with this whole thing is that you have regulation by people who know nothing about what they are regulating. You wouldn't want someone who has never driven a car before making laws about how to use automobiles because it would be a disaster, right? Well it's no different here. I wish I would get in front of said board. I'm sure lots of those congressmen/women enjoy a pastime of hunting and fishing. I'd tell them I've never hunted or fished in my entire life, so how many of them would like it if I drafted and passed a bill that hunting and fishing are illegal because killing animals for sport is unethical? I'm not really qualified to make that judgement based on my inexperience, am I? Neither are they about our pastime. Almost every single child in America enjoys playing videogames, yet violent crime is lower for this generation of children than it was for their generation. They are quite simply full of it, and it is past time for someone that has some wit to get in front of congress to point it out to them.
Smartypants @ Jun 15th 2006 5:14PM
The ESRB is now and has always been a money making scam. I never had a doubt in my mind that the industry would come to this once we let an organization blackmail developers and publishers like the ESRB has.
At one time there were a few groups rating video games, but ESRB brown-nosed and lobbied the biggest retailers like Wal-Mart to not sell any game not rated by their organization. People were more than willing to self-rate their games, knowing FULL WELL that any lying about their self ratings could result in lawsuits.
But ESRB's lobbying gave them essentially carte blanche to begin inflating their pricing structures and bullying developers and publishers to pay up or lose sales. See, that's called EXTORTION in some circles...
So the ESRB Mafia is taking yet ANOTHER step to fill their coffers. Don't think for a minute that this has anything to do with anything else like "justice" or any other spin word you are hearing about. It's MONEY they are concerned with. If the government had an agency that regulated game ratings, the cost would be substantially less to developers, publishers and CUSTOMERS, who really pay for all of their extortion in the long run.
The ESRB, as incompetent as they are, is just spinning their lousy regulations that they extort from the video games industry into yet another method of gaining press time and money. You should see the jackasses they have running their rating system... most of the time you have to send in a 30 minute video of your game with "all of the issues that they need to be aware of" and they rate your game entirely on that video. It's unbelievable what we deal with from these ignorant and arrogant monkeys. The ESRB is even worse than GameSpy in their idiocy.
Amos @ Jun 15th 2006 5:59PM
I'm having trouble figuring out if "smartypants" was being serious or just trying to stir up controversy. Either way, it's pretty idiotic. The ESRB is a fairly good organization for the industry and I, in fact, have always thought they were doing a better job rating material in videogames than the MPAA has been doing for movies (MUCH better, actually). Parents not paying attention is their own dumb considering, as has been stated, the rating is pictured as prominently as it feasibly can be (unlike movies) without a big M FOR MATURE being the fraking cover of the game with a wittle box for the title left *rolls eyes*. I think the ESRBs latest ruling over Oblivion was retarded and bad precendent (IT'S A USER MADE HACK TO REVEAL CHARACTER MODELS, not a freaking detailed sex scene hidden in code...), but that just means we need to call them on that and keep them on their toes, not fire off vengeful criticism to bring in the (ugh) government regulation instead.
kyou @ Jun 15th 2006 6:40PM
I know what you mean. I did mention the ESRB is helpful. BUT, giving such fines? As Goodwin said, that could definitely stop small developers. A million dollar fine would be nothing to rock star for example, but it could mean whole bankrupt for an indie developer. And my point also is that game rating is subjective. They have all the right to tag the games the way they want, but fining millionare sums? That indeed sounds more like a money-making scam.
p.s I still think the 1 year difference between M and Ao is stupid...
kyou @ Jun 15th 2006 7:12PM
One more thing...
Gamers like us don't choose games depending on the ESRB rating, the word on the street, the cover or the front shelf. We choose our games by reviews and critics. Personally I'd never let the ESRB choose which games are right for me or not. Luckily I'm 19 years old and I have nothing to worry about. But if I were... let's say... 16 and lived in the states, I'd have to bring my mom would be everytime I wanted to buy a M game. That would suck, wouldn't it? Now that I think about it I did have to call my mom that time I tried to buy Resident Evil 2 when I went to the states (I was around 11 I guess, and I live in Mexico).
The ESRB should just be taken as a suggestion, not the absolute law. But it's kind of hard to do that with all the new laws sprouting everywhere. If that RE2 incident had been today and in Oklahoma, I would've been fined 20something bucks. That's just ridiculous.
Matt @ Jun 15th 2006 8:04PM
as far as the oblivion incident goes, they were never fined, AFAIK, they were just told to repackage the game with M ratings.
Smartypants @ Jun 15th 2006 10:07PM
Sabre,
You are out of your mind.
When this goes all the way to a Federal Court it applies to everyone.
I think it's YOU that fails to see what the ESRB really does, unfortunately. They fall under COGs (cost of goods) and developers end up paying for it (loss of royalties typically), as well as the public. Games are going into the $60+ range because the cost of making them and the costs of things like ESRB and GameSpy drive those COGs up, making us, the consumers, fork out our hard earned cash.
This applies to everyone that buys video games, and your harsh closeminded comments don't stop that fact. Belittling people and telling them to stop complaining when they perceive unjust treatment and give their opinions is extremely inappropriate on your part. Think BEFORE you speak, please.
Sabre @ Jun 15th 2006 11:32PM
Games are rated for a reason...it's to inform PARENTS what games they are buying their kids or other minors. Now tell me what part of that statement isn't true?
Stores also do have the right NOT to sell products if they do not wish to. There is nothing saying that can't, especially when it means there is a chance they might get in trouble (especially legal trouble.)
While I do believe that the governments involvement at this point is not needed, especially when you take into acount the thousands of games that have come out since the ESRB rating system inception. The Hot Coffee issue had NOTHING to do with the ESRB but had to do with Rockstar not taking the code out and then lying about it being there in the first place. BUT with a game like GTA it was CLEARLY rated 'M' for a reason and there were for worse things in GTA then 2 people having sex.
The ESRB is just covering it's ass and the asses of all the developers and publishers so that something like Hot Coffee doesn't happen again (even if it was blown out of proportion.)
Now for a recap? Do I support the governments involvement? Hell no! Do I think the ESRB is doing the smart thing about it? Yes. Why? Would you rather have the government get rid of the ESRB and take care of rating games? No of course not.
Sabre @ Jun 16th 2006 12:55AM
You do realize that the ESRB was formed by the game industry right? As a "do this or else" threat after the whole MK fiasco in the mid-late 1990s. It's not just some random organization that was formed.
Merus @ Jun 16th 2006 4:38AM
And the alternaives to the ESRB are sooooo much worse. Either the government will regulate games, or they'll force a Comics Code-like straitjacket on them, which hurts all the other countries where developers are sensible and the rating system's less extreme.
Oh wait. Rockstar is Scottish, Bethesda is Scandinavian and I'm writing this from Australia. Never mind.
kyou @ Jun 16th 2006 8:16AM
"Oh and Kyou...since you live in Mexico, you rants have no real purpose nor do they hold any weight."
"Me" rants have no real purpose nor hold weight whatsoever? A little xenophobic aren't we? First of all let me inform you that American games get exported throughout ALL America. As in... America the continent.... you know... that place after USA's borders. And what ratings do these games have...? You guessed correctly! The ESRB ratings! *gives Sabre a cookie for being SO smart*.
What business does a 12 year old have buying T or M games? Well, good games are good games. A person's maturity can't be judged by age.
Sabre @ Jun 16th 2006 3:49PM
"What business does a 12 year old have buying T or M games? Well, good games are good games. A person's maturity can't be judged by age."
So that does mean if a 12 year old is more mature then another they should be allowed to watch as many R and NC-17 rated movies as they want? Yea that makes sense.
Ok well I didn't know that the ESRB raings went outside of the US...and no I'm not xenophobic (don't you feel SO smart now.) The ratings are there for a REASON. I sure as hell wouldn't want my government rating the games...and if I lived in Mexico I sure as well wouldn't want those people rating my games (especially considering that they are MORE corrupt then the US government.)
Rafi @ Jun 16th 2006 10:46PM
Oh man! I could get fined for having stuff on my disc that people were never meant to see and that was locked up, which means that someone must break the EULA to see it, which means that they would go to jail (gaol) for breaking it!
God, Hot Coffee should never of been found. It was never MEANT to be found, it was, in spirit, never part of the game.