LEGISLATION ON VIDEO GAME VIOLENCE

You asked for information on legislation in Connecticut and elsewhere on violent video games.

In 2001, Governor Rowland vetoed PA 01-54, which prohibited minors from playing violent “point and shoot” video games in public businesses. According to Rowland, the bill (1) unnecessarily impeded a parent's rights to make decisions about his or her child, (2) was unenforceable, and (3) was not inclusive enough. Also, he stated that there was no evidence to show that video games caused violent behavior in children. Since 2001, the legislature has not introduced similar legislation.

Pending federal legislation would prohibit certain deceptive acts and practices by video game developers. It would also preempt state and local laws regulating video game ratings or the sale, rental, or display of video games.

Several states, including California, Georgia, Illinois, Louisiana, Maryland, Michigan, Minnesota, Oklahoma, and Washington, have passed laws regulating the sale of violent or sexually explicit video games. Additionally, cities in Indiana and Missouri have passed ordinances that regulate the sale of such video games. But, in every case we reviewed, the courts ruled that computer and video games are protected speech, and efforts to ban or limit access to, or the sale of, such games violate First Amendment rights.

The Entertainment Software Rating Board (ESRB) is an industry organization that has developed a system that rates most games sold in the United States. The ESRB rates video games on a six-point rating scale, from “early childhood” to “adult only.” While the rating system suggests the appropriateness of each game, it does not prohibit minors from purchasing a video game with an “adults only” rating.

In 2001, PA 01-54 required the consumer protection commissioner to fine business owners who allowed minors to play video games with “violent point and shoot video simulators.” The act applied to owners of for-profit businesses providing these games for entertainment. A violation was punishable by a fine, up to $1,000.

1. the rights of parents to determine the types of game their children can play should not be limited by government action;

2. there was no direct evidence that “point and shoot” video games cause violent behavior in children;

4. the act was under-inclusive (e.g., it does not prohibit youths playing other violent video games that do not use simulated guns);

5. there was no clear evidence that young people who play “point and shoot” video games at public businesses are more likely to commit acts of violence; and

He cited a case involving the Seventh Circuit Court of Appeals, which cautioned the city of Indianapolis not to rush to condemn video games that it considered too violent. The court of appeals ordered the district court to enter a preliminary injunction prohibiting the city from enforcing an ordinance similar to the Connecticut bill (copy of the veto message attached).

Since 2001, there has been no legislation proposed in Connecticut aimed at prohibiting minors from purchasing violent or sexually explicit video games.

Several bills are pending in Congress that address violence in video games. H.R. 1531 prohibits deceptive acts and practices by video game developers when disclosing the content of games to the ESRB. The bill also preempts state and local laws regulating video game ratings or regulating the sale, rental, or display of a video game. S.568 directs the Federal Trade Commission to prescribe rules prohibiting deceptive conduct in the rating of video games. H.R. 2958 directs the Federal Trade Commission to review the ESRB's video game ratings.

Additionally, several states, including California, Georgia, Illinois, Louisiana, Maryland, Michigan, Minnesota, Oklahoma, and Washington, as well as cities in Indiana and Missouri, have passed laws that regulate the sale of violent or sexually explicit video games. As far as we were able to determine, the laws and ordinances have been held unconstitutional in all of the states and cities where there has been a challenge. Appeals are pending in California and Illinois.

Table 1 below shows the history or violent video games in various jurisdictions.

Federal/State

Legislation

Description

History

Status/Legal Challenges

Federal Legislation

Video Game Decency Act of 2007 – H.R. 1531

Prohibits deceptive acts and practices on the part of developers and publishers of video games in disclosing content of games to the ESRB

The bill also preempts state and local laws regulating videogame ratings or regulating the sale, rental, or display of a videogame based on its “constitutionally protected content”

March 2007 - Introduced in the House

Referred to Committee on Energy and Commerce

Similar Bill, H.R. 6120, died in 2006

Pending

Federal Legislation

Truth in Video Game Rating Act – S. 568

Directs the Federal Trade Commission to prescribe rules to prohibit deceptive conduct in the rating of video games

S.568 introduced in February 2007 Session, and referred to Committee on Commerce, Science, and Transportation

Similar bill (S. 3935) died in 2006 Congressional Session

Pending

*Federal/State*	*Legislation*	*Description*	*History*	*Status/Legal Challenges*
Federal Legislation	Children Protection from Video Game Violence & Sexual Content Act – H.R. 2958	Directs the FTC to review the video game ratings of the ESRB, and to direct the GAO to study the impact on children and young adults	July 2007 – Introduced in House Referred to House Committee on Energy & Commerce Referred to Subcommittee on Commerce, Trade and Consumer Protection	Pending
California	“Ultra violent Video Games” - Assembly Bills 1792 & 1793	Bill 1792 banned the sales of such video games while Bill 1793 required signs explaining the regulations on said games to be placed where they were sold	Passed in October 2005 December 2005 - Northern District of California Judge Ronald Whyte issued a preliminary injunction blocking the law from taking effect August 2007 – ruled unconstitutional	Ruled unconstitutional On appeal in the 9th U.S. District Court of Appeals
Georgia	SB 106	Requires anyone who sells or rents video games to display a sign explaining the ESRB rating system	Passed	Bill passed and signed into law
Illinois	HB4023 – Safe Games Illinois Act	Anyone who sells, rents, or permits to be sold or rented, any violent or sexually explicit video game to any minor commits a Class A misdemeanor for which a fine of $5,000 may be imposed	Passed in July 2005 December 2005 - U.S. District Judge Matthew Kennelly issued injunction against measure, as it is protected under First Amendment Governor Blagojevich ordered an appeal on portions of the law dealing with sexually explicit material (Illinois Sexually Explicit Video Game Law – SEVGL) November 2006- The 7th U.S. Circuit Court of Appeals upheld lower court decision that the law is unconstitutional and too broad	Ruled unconstitutional by the Seventh Circuit Court of Appeals

*Federal/State*	*Legislation*	*Description*	*History*	*Status/Legal Challenges*
Louisiana	HB 1381	Allows a judge to rule on whether a video game meets established criteria for being inappropriate for minors and ordered them pulled from store shelves	Took effect in June 2006 August 2006 - Judge James Brady issued a temporary injunction November 2006 - Judge James Brady officially ruled law unconstitutional	Ruled unconstitutional
Louisiana	SB 340	Similar to Maryland's law, this bill makes it unlawful to distribute sexually explicit video games to minors.	Passed	Took effect in August 2006
Maryland	HB 707	Bans games containing sexually explicit content to minors (narrowly defines content as that which would be found in pornographic movies or magazines.)	Passed	Took effect in October 1, 2006
Michigan	Protect Children from Ultra-Violent and Sexually Explicit Video Games - SB 249 & 416 HB 4702 & 4703	Prohibits selling or renting a restricted video game (those rated Adult or Mature) to anyone less than age 17	Took effect in 2005 April 2006 - Federal Judge George Caram Steeh ruled the act unconstitutional	Ruled unconstitutional
Minnesota	SF 0785 and HF 1298	Restricts sales or rentals of Mature or Adult Only video games to minors, however, places onus on the minors, in that minors caught trying to purchase or rent violent games would be fined $25	Took effect in June 2006 July 2006 - Overturned by Judge James Rosenbaum, who ruled the law unconstitutional, citing a lack of evidence showing that video game violence is harmful to children February 2007 - Arguments heard in appeal filed by the State. March 2008 – Law ruled unconstitutional by 8th Circuit	The Eight Circuit upheld lower court's ruling that the law is unconstitutional

*Federal/State*	*Legislation*	*Description*	*History*	*Status/Legal Challenges*
Oklahoma	HB 3004 – Materials Harmful to Minors	Limits the sales of violent games to minors; includes violent video games on a list of materials that is considered harmful to minors; requires stores to stock games out of plain sight	Took effect in November 1, 2006 October 2006 - Western District Judge Robin Cauthron issued a preliminary injunction to block the law from taking effect September 2007 – Judge Cauthron issues permanent injunction based on the 1st and 14th Amendments	Ruled unconstitutional
Washington	HB 1009	Bans sale of video games to minors that portray realistic violence towards law enforcement officers	The measure passed and was signed into law by Governor Gregoire in 2003. July 2004 - Judge Robert Lasnik of the Western District of Washington issued an injunction against the law, and later ruled that the law is indeed unconstitutional	Ruled unconstitutional
Washington	Requiring video game retailers to inform consumers about video game aating systems – HB 1366	Requires video game retailers to post signs regarding ESRB rating system, as well as provide information detailing rating system to consumers upon request.	Passed	Bill passed and signed into law in 2005
Indianapolis, Indiana	City Ordinance	City ordinance restricting minor's access to violent video arcade games, requires coin-operated games featuring graphic violence or strong sexual content to have warning labels and be kept at least 10 feet from any nonviolent game machines	7th U.S. Circuit Court of Appeals issued an injunction against the ordinance	Ruled unconstitutional by the 7th Circuit Court of Appeals

*Federal/State*	*Legislation*	*Description*	*History*	*Status/Legal Challenges*
St. Louis, Missouri	City Ordinance	An ordinance restricting the sale or rental of violent video games to minors, requiring parental consent	Ordinance passed and upheld originally in the District Court, but the Eighth Circuit Court of Appeals ruled it unconstitutional	Ruled unconstitutional by the Eighth Circuit Court of Appeals

The ESRB has developed a rating system for computer, Internet, and video games. Most games sold in the United States are rated using this system. Games are rated from “early childhood” to “adult only.” While this rating system suggests the appropriate age group that should play the game, it does not restrict minors from purchasing a video game with a rating of “mature” or “adult only.” The letter that signifies the rating is located on the front of the game box.

1. “Early Childhood” (EC), which has content that may be suitable for children ages 3 and older and does not contain material that parents would find inappropriate;

2. “Everyone” (E), which has content that may be suitable for people age six and older and may contain minimal violence and some comic mischief, mild language, or both;

3. “Everyone 10+” (E10+), which has content that may be suitable for age 10 and older and may contain cartoon, fantasy or mild violence, mild language, and minimal suggestive themes;

4. “Teen” (T), which has content that may be suitable for people age 13 and older and may contain violent content, mild or strong language, and suggestive themes;

5. “Mature” (M), which has content that may be suitable for people age 17 and older and may contain mature sexual themes, more intense violence and strong language; and

6. “Adults Only” (AO), which has content suitable only for adults. Titles in this category may include graphic depictions of sex, violence, or both. These products are not intended for persons under the age of 18.


April 4, 2008		2008-R-0233
LEGISLATION ON VIDEO GAME VIOLENCE

By: Gerald Barrett, Legislative Fellow