After breezing through the Utah House of Representatives with an overwhelming vote of 70 for and two against, HB 353, a piece of legislation authored by Jack Thompson and legislator Mike Morley which enforces strict penalties on retailers who sell M-rated games (and R-rated movies) to "buyers subject to an age restriction or recommendation," found a similar reception in the state senate -- it was approved with a vote of 25 for and four against earlier today.
We now have three consecutive events to eagerly anticipate -- first, the bill must be approved by Utah governor Jon Huntsman before it's officially adopted. Second, the new policy will go into effect on January 1, 2010. Finally, we wait to hear how the ESA will spend the humongous legal fee reimbursement check that the taxpayers of Utah will indirectly cut when the bill is likely found unconstitutional. Perhaps some sort of tropical outing for their employees? We hear the beaches of Costa Rica are simply breathtaking.
Reader Comments (46)
Posted: Mar 12th 2009 9:18PM iHavePants said
So why are you against selling these games directly to under-age children?
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Posted: Mar 12th 2009 9:54PM grimone said
I don't get it either. It's illegal to sell restricted (MA15+ and R18+) media to those under age here in Australia - it's not a bad thing stopping kids purchasing this stuff. Parents who really want their kids to see it can still supply it to them.
I guess it's construed as an attack on freedom of speech. Meh... =P
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I guess it's construed as an attack on freedom of speech. Meh... =P
Posted: Mar 12th 2009 10:28PM Sora said
Because retailers already voluntarily put this policy into place, and the policies for selling R rated movies to minors and such are broken far more often than the mature game policies. There was a Law of the Game article about it on here a few days ago that'll go into more detail, it's a good read if you find it.
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Posted: Mar 12th 2009 10:30PM Sora said
Okay, more like a month ago. (Wow, time goes by QUICKLY!)
Here's the link: http://www.joystiq.com/2009/02/12/lgj-jack-thompsons-utah-game-bill/
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Here's the link: http://www.joystiq.com/2009/02/12/lgj-jack-thompsons-utah-game-bill/
Posted: Mar 12th 2009 11:57PM cloud858rk said
Basically this bill would take retailers doing the right thing and not selling underage kids M rated games, and fines them if they do, while letting retailers who do sell kids M games getting off scot free.
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Posted: Mar 12th 2009 9:19PM iHavePants said
So why are you against a law stopping retailers selling these games directly to under-age children?
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Posted: Mar 12th 2009 10:15PM (Unverified) said
Killzone is over rated. COD COD COD!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
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Posted: Mar 12th 2009 9:47PM PantsParty said
I'm sure the enforcement on this law is going to be super efficient and effective. Pieces of paper, pieces of paper.....
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Posted: Mar 12th 2009 11:59PM cloud858rk said
I guess because it's censorship, but only to people under 18.
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Posted: Mar 12th 2009 10:40PM ncxcstud said
I think it is more redundant than anything. Wasn't there something that showed Utah businesses already have like a 90+% efficiency rating when selling these kind of products? Meaning, they do their job 90 percent of the time (telling kids to hike it and waiting for their parents to come instead to buy it)?
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Posted: Mar 12th 2009 10:42PM (Unverified) said
Honestly, I don't see this as being unconstitutional. It is simply turning the selling of games to minors into an issue of false advertisement. If a store indeed proclaims not to sell M games to minors, then it should be held accountable when caught doing so.
However, I do not see this as a good way to enforce the ESRB rating. All this will do is make stores DROP their policy all-together, to prevent the few cases that get through from costing them. It will hurt the voluntary self-enforcement that the stores do on their own, rather than help it.
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However, I do not see this as a good way to enforce the ESRB rating. All this will do is make stores DROP their policy all-together, to prevent the few cases that get through from costing them. It will hurt the voluntary self-enforcement that the stores do on their own, rather than help it.
Posted: Mar 13th 2009 2:02AM (Unverified) said
Ok, we all know that retailers can skate around the bill by simply ignoring the rating system. However, the rating system was put in place voluntarily to avoid government regulation. If the voluntary system is no longer enforced...things could go back to square one, and the government may decide to step in (because it's CLEARLY the most important issue to tackle at the moment).
I hate to give the guy any credit, but it makes me wonder if this was Thompson's plan all along. But then again, it's hard to nail down the thought patterns of a crazed zealot.
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I hate to give the guy any credit, but it makes me wonder if this was Thompson's plan all along. But then again, it's hard to nail down the thought patterns of a crazed zealot.
Posted: Mar 13th 2009 2:06AM Pohtaytoh said
spritethirstman pretty much hit the point I was getting at. Businesses will likely stop going through the steps to say they don't sell to minors in order to avoid the punishment which will likely lead to some form of regulation getting put in place by the government.
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Posted: Mar 13th 2009 2:02AM Pohtaytoh said
Based on what I've read, this bill is going about it the wrong way. It only punishes retailers that say they don't sell M/R rated games/movies to minors. While those that don't make any such claims will get to continue selling to minors. It basically only punishes the businesses that are at least trying to protect the children =[
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Posted: Mar 13th 2009 2:19AM (Unverified) said
Who said laws have to make sense or be not-retarded?
Clearly you've over-estimated the American legal system.
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Clearly you've over-estimated the American legal system.
Posted: Mar 13th 2009 11:15AM FredFredrickson said
Utah sure does like trying to make itself as irrelevant as possible.
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