MinorsAppeals Court Upholds Injunction on Illinois Video Game LawAuthored by Mark Hefflinger on November 28, 2006 - 2:41pm.
Chicago - The U.S. Court of Appeals for the Seventh Circuit has upheld a lower court ruling that declared an Illinois law banning the sale of sexually explicit games to minors in the state to be unconstitutional.
tags: Games | Law | Adult | Youth | Censorship | Legislation | Injunctions | Minors | Parental Control | Illinois |
Senators, Video Game Industry Unveil "Commitment to Parents" InitiativeAuthored by Mark Hefflinger on June 21, 2006 - 2:21pm.
Washington - Major video game retailers and the industry's Entertainment Software Ratings Board (ESRB) announced on Wednesday an initiative called "Commitment to Parents," that will aim to educate consumers about game ratings and enhance enforcement of store policies on the sale of Mature-rated games.
tags: Games | Law | Censorship | Violent Games | Ratings | ESRB | Legislation | Retail | Minors | Parental Controls |
Judge Halts Enforcement of Louisiana Video Game LawAuthored by Mark Hefflinger on June 20, 2006 - 12:15pm.
Los Angeles - A federal judge has granted the video game industry's request to temporarily block enforcement of a Louisiana law enacted last week that prohibits the sale of violent games to minors, Reuters reported on Tuesday.
tags: Games | Law | Commerce | Censorship | Violent Games | Retail | Law Enforcement | ESA | Minors | Louisiana |
Game Industry Files Suit to Overturn Louisiana Video Game LawAuthored by Mark Hefflinger on June 16, 2006 - 12:47pm.
Washington - A day after Louisiana Gov. Kathleen Blanco signed into law a bill that restricts the sale of violent video games to minors, the game industry's Entertainment Software Association (ESA) trade group filed a federal lawsuit in the state to have the law overturned.
tags: Games | Law | Lawsuits | Censorship | Violent Games | Legislation | ESA | Minors | Louisiana |
Oklahoma Gov. Signs Video Game Bill Into LawAuthored by Mark Hefflinger on June 12, 2006 - 1:12pm.
Oklahoma City, Okla. - Oklahoma Gov. Brad Henry last week signed into law a bill that makes it a felony to sell or rent violent video games to minors in the state.
tags: Games | Law | Commerce | Censorship | Violent Games | Oklahoma | Bills | Legislation | Retail | ESA | Minors |
Louisiana Governor Likely to Sign Video Game Bill Passed in SenateAuthored by Mark Hefflinger on June 9, 2006 - 1:32pm.
Baton Rogue, La. - The Louisiana State Senate has passed a bill banning the sale of violent video games to minors, which puts games to a similar legal test as that used to determine obscenity.
tags: Games | Law | Commerce | Censorship | Violent Games | Bills | Ratings | Legislation | ESA | Minors | Louisiana |
FTC Settles With Take-Two Over Hidden Sex Content in "Grand Theft Auto"Authored by Mark Hefflinger on June 8, 2006 - 5:16pm.
Washington - Video game publisher Take-Two Interactive and its Rockstar Games unit on Thursday settled charges brought by the Federal Trade Commission (FTC) that they failed to disclose information about sexually explicit content in their "Grand Theft Auto: San Andreas" video game to consumers.
tags: Games | Law | Settlements | Adult | Rockstar Games | GTA | Take-Two | FTC | Ratings | Minors |
Minnesota Passes Law Fining Minors Who Try to Buy 17+ Video GamesAuthored by Mark Hefflinger on June 2, 2006 - 12:03pm.
St. Paul, Minn. - Minnesota Gov. Tim Pawlenty (R) yesterday signed a bill into law that slaps a $25 fine on minors who attempt to purchase video games rated "M" for Mature or "AO" for Adults Only.
Bill Fining Minors Who Purchase Violent Games Passes Minnesota HouseAuthored by dmw on May 22, 2006 - 7:03pm.
St. Paul, Minn. - The Minnesota State House has passed a bill that would compel retailers to post clear signs informing consumers of the video game ratings system, and -- in a twist not yet seen in such state-sponsored legislation -- would impose a $25 fine on minors under 18 who try to purchase Mature- or Adults Only-rated games. Introduced by State Rep. Jeff Johnson (R-St. Paul), the bill passed the House in a 114-17 vote. "We were trying to pass the narrowest bill possible just to try something different from a constitutional challenge standpoint," Rep. Johnson told GamePolitics.com. To date, similar laws passed in a number of states have been routinely struck down by the courts as unconstitutional restrictions on First Amendment free speech protections. Johnson's bill will now move to the Minnesota Senate.
Court Throws Out Michigan Law Restricting Video Game SalesAuthored by dmw on April 3, 2006 - 6:33pm.
Washington - The U.S. District Court for the Eastern District of Michigan has thrown out a Michigan state law that restricted the sale or rental of mature or adult-rated video games to minors. Judge George Caram Steeh placed a permanent injunction against implementation of the bill, which was signed into law by Michigan Gov. Jennifer Granholm in September -- calling it unconstitutional. The Michigan law would have fined retailers who sold such games to minors $5,000. "Judge Steeh's ruling represents a sweeping rejection of the state's claims regarding the harmful effects of violent video games and we will move immediately for reimbursement of the substantial legal fees incurred in this court fight which the state could have, and should have, never triggered," said Douglas Lowenstein, president of the Entertainment Software Association (ESA), a video game industry trade group. Courts have consistently ruled thus far that laws banning the sale of video games to minors are unconstitutional restrictions on First Amendment free speech rights, having overturned similar laws in Illinois, California and Washington.
tags: Games | Law | Youth | Censorship | Violent Games | Ratings | Michigan | ESA | Injunctions | Minors |
Utah Looks to Adds Violent Games to Obscenity Law, Ban Sales to MinorsAuthored by Mark Hefflinger on February 16, 2006 - 8:31am.
Salt Lake City, Utah - A bill that would include violent video games in the state of Utah's obscenity laws, and make it a felony to exhibit such games to minors, has passed in a committee and now heads to the Utah House for debate, the Utah Daily Herald reported. The bill would put the same legal test to violent games that applies to pornography; namely, that games are obscene if they are deemed so by community standards, and contain no serious literary, artistic, political or scientific value for minors. "This is a bill that identifies the effects that different media has on our children," said Utah Rep. David Hogue, a Republican from Riverton. The Entertainment Software Association, a video game industry trade group, said the bill was not needed. "More importantly, the bill will be challenged as unconstitutional," the ESA's Scott Sabey told the Daily Herald. "To plug violence into an obscenity statute won't work." The ESA has already successfully sued to have video game bans declared unconstitutional on free speech grounds in a number of states.
Senators Propose Federal Ban on Sales of Violent Video Games to MinorsAuthored by Mark Hefflinger on December 19, 2005 - 8:09am.
Washington - Democratic Senators Hillary Clinton, Joe Lieberman and Evan Bayh on Friday introduced the Family Entertainment Protection Act, which would create a federal ban on the sale of violent and sexually explicit video games to minors. "Video games are hot holiday items, and there are certainly wonderful games that help our children learn and increase hand and eye coordination. However, there are also games that are just not appropriate for our nation's youth," said Senator Clinton. "This bill will help empower parents by making sure their kids can't walk into a store and buy a video game that has graphic, violent and pornographic content." The bill calls for a $1,000 fine or 100 hours of community service for a retailer's first offense, and $5,000 or 500 hours for each subsequent offense. It would also require an annual, independent analysis of game ratings; an annual undercover audit of retailers to determine compliance; the creation of a complaint filing mechanism; and an FTC investigation into "hidden content," like the "Hot Coffee" sexually explicit mini-game found in copies of "Grand Theft Auto" that were taken off store shelves earlier this year. The bill comes as similar statewide and local bans are routinely being struck down by the courts as unconstitutional restrictions on First Amendment free speech protections, although the Supreme Court has not weighed in on the issue. A federal judge earlier this month blocked enactment of an Illinois state video game sales ban; Washington's ban has also been overturned. The video game industry is additionally battling video game sales bans recently enacted in Michigan and California in the courts.
Judge Tosses Illinois Law Banning Sale of Violent Video Games to MinorsAuthored by Mark Hefflinger on December 5, 2005 - 10:09am.
Springfield, Ill. - A federal judge has tossed out Illinois' recently enacted ban on the sale of violent and sexually explicit video games to minors. U.S. District Court Judge Matthew Kennelly said in his ruling on Friday that the state came "nowhere near" proving that the law wasn't an unconstitutional restraint on First Amendment free speech protections. Illinois Gov. Rod Blagojevich, who backed the legislation, said he intends to appeal the ruling, as well as aid efforts to "stigmatize" retailers who sell violent games to minors. "This battle is not over," said Blagojevich. "Parents should be able to expect that their kids will not have access to excessively violent and sexually explicit video games without their permission." Illinois retailers praised Judge Kennelly's ruling. "It's unfortunate that the state of Illinois spent taxpayer money defending this statute. This is precisely what we told them would happen," said David Vite, president of the Illinois Retail Merchants Association. Similar laws have been declared unconstitutional in the state of Washington, the city of Indianapolis, and St. Louis County. The video game industry has also filed suit to stop two other recently passed statewide video game sales bans in California and Michigan from taking effect. Last week, Senators Hillary Clinton (D-N.Y.) and Joe Lieberman (D-Conn.) floated legislation that would create a federal ban on the sale of violent video games to minors, and plan to introduce it when Congress reconvenes.
Senators Want Federal Ban on Sale of Mature-Rated Video Games to MinorsAuthored by Mark Hefflinger on November 30, 2005 - 9:28am.
Washington - Senators Hillary Clinton (D-N.Y.) and Joe Lieberman (D-Conn.) announced on Wednesday that they plan to introduce legislation that would outlaw the sale of "Mature"-rated video games to minors nationwide. The "Family Entertainment Protection Act" also calls for a Federal Trade Commission investigation into "misleading" game ratings; an annual analysis of the ratings system; the authority for consumers to register complaints; and annual sting operations on retailers to determine compliance. "I have developed legislation that will empower parents by making sure their kids can't walk into a store and buy a video game that has graphic, violent and pornographic content," said Senator Clinton, who said impetus for the legislation came from the recent "Grand Theft Auto" "Hot Coffee" sex mini-game scandal, and a report issued on Wednesday by the National Institute on Media and the Family that found minors were able to purchase Mature-rated games 42% of the time. However, such bans on the sale of video games have been ruled unconstitutional on First Amendment grounds three times; similar bans recently enacted in California, Illinois and Michigan are also the target of game industry lawsuits. Hal Halpin, president of the Interactive Entertainment Merchants Association, a trade group of video game retailers, said in a statement that his group had "committed voluntarily to a self-regulatory enforcement system substantially similar to the motion picture business, which the very same legislators hold up as the 'Gold Standard'." Senator Clinton said she plans to introduce the bill when the Senate reconvenes in two weeks.
Wireless Industry Offers Tools to Restrict Minors' Access to Adult ContentAuthored by Mark Hefflinger on November 9, 2005 - 9:26am.
Washington - A U.S. wireless industry trade group on Wednesday announced that it is implementing voluntary measures aimed at preventing access to adult wireless content by minors. The Cellular Telecommunications & Internet Association (CTIA) said that wireless subscribers under the age of 18 will need a parent's permission before access is granted to sexually explicit, violent or gambling-related content, and that parents will be able to install filters on their children's cell phones to block access to such content, or block mobile Internet access entirely. "Parents must ultimately decide what materials are most suitable for their children, and wireless carriers participating in this important measure are committed to providing parents with the necessary tools to do so," said CTIA president and CEO Steve Largent. Market research firm IDC reported that there were 21 million U.S. wireless subscribers 19 and under at the end of 2004.
Florida Lawmaker Proposes State Ban on Violent Game Sales to MinorsAuthored by Mark Hefflinger on October 28, 2005 - 3:55am.
Miami - A Florida lawmaker has introduced a bill in the state's senate that would ban the sale and rental of violent video games to minors. Reuters reported that the proposed legislation, from Sen. Alex Diaz de la Portilla (R-Miami), is a "near clone" of a video game ban recently signed into California state law by Gov. Arnold Schwarzenegger. The Entertainment Software Association, a video game industry trade group, recently filed suit in California to have that law tossed out; similar restrictions on video game sales have been struck down by courts on First Amendment free speech grounds in Washington state, St. Louis County and the city of Indianapolis. "The (Florida) Senator's proposal is clearly unconstitutional," Gail Markels, senior vice president and general counsel of the Entertainment Software Association, said in a statement.
Lawsuit to Challenge New Calif. Law Banning Violent Game Sales to MinorsAuthored by Mark Hefflinger on October 11, 2005 - 7:16am.
Sacramento, Calif. - California Gov. Arnold Schwarzenegger has signed into law a ban on the sale of violent video games to minors in the state, which the video game industry says it will challenge in court. The bill restricts the sale of violent games to those under 18, penalizing retailers who do with a $1,000 fine, and requires retailers to place more prominent game rating information in stores and a two-inch square "18" sticker on video game packaging. "Today I signed legislation to ensure parent involvement in determining which video games are appropriate for their children," said Gov. Schwarzenegger. Many of these games are made for adults and choosing games that are appropriate for kids should be a decision made by their parents." The Entertainment Software Association (ESA), a video game industry trade group, said it plans to file a lawsuit to have the law overturned; similar bans on violent video game sales to minors have been struck down by courts in Washington state, St. Louis and Indianapolis. "We are disappointed that politicians of both parties chose to toss overboard the First Amendment and free artistic and creative expression in favor of political expediency," said ESA president Doug Lowenstein.
California State Assembly Passes Ban on Violent Game Sales to MinorsAuthored by Mark Hefflinger on September 12, 2005 - 4:20am.
Sacramento, Calif. -- The California state Assembly voted 65-7 last week in favor of a ban on the sale of violent video games to minors, although Reuters reported that on Friday that Gov. Arnold Schwarzenegger had not yet decided whether or not to sign the bill into law. The proposed legislation would ban the sale of games that depict the "killing, maiming, dismembering, or sexually assaulting an image of a human being," or violence "in a manner which is especially heinous, cruel, or depraved in that it involves torture or serious physical abuse to the victim." It also requires retailers in California to create a new labeling system for such titles, and penalizes those caught selling them to California residents under 18 with a $1,000 fine. "Governor Schwarzenegger is no longer an action star but an elected representative of all Californians; I am hopeful that he will consider our children’s best interests by signing this commonsense legislation into law and giving parents a necessary tool to raise healthy kids," said Assemblyman Leland Yee, who sponsored the bill. "The IEMA (Interactive Entertainment Merchants Association) remains opposed to AB 1179 for many reasons, not the least of which is that it is impractical -- in essence creating a California-only class of products requiring retailers to buy, warehouse and distribute California video games separately from other inventory," the IEMA said in a statement. Similar bans on the sale of violent video games to minors have been routinely struck down by the courts as unconstitutional restrictions on free speech.
Japan's Game Industry Sets Voluntary Ban on 18-Rated Sales to MinorsAuthored by Mark Hefflinger on July 19, 2005 - 9:29am.
Tokyo -- Japan's video game industry trade group has introduced a voluntary ban on the sale of 18-rated games to minors by retailers in the country, in a bid to preempt potential government actions. The Computer Entertainment Supplier's Association (CESA) has asked retailers to refuse sales of games rated 18-plus by the Computer Entertainment Rating Organization to minors, unless accompanied by a parent or guardian, and also to place information on video game ratings in their stores. CESA's Kiyoshi Komatsu told GamesIndustry.biz that 95% of Japanese game retailers support the ban, although under the CESA plan as it exists no penalties are provided for retailers who sell violent games to minors.
Illinois State Senate Approves Ban on Violent Game Sales to MinorsAuthored by Mark Hefflinger on May 20, 2005 - 7:14am.
Springfield, Ill. -- The Illinois state Senate this week approved a bill that would restrict the sale of violent video games in the state to minors. The Safe Games Illinois Act, proposed by Illinois Gov. Rod Blagojevich, would put the onus on retailers to determine which games are too violent or sexually explicit for minors, and then fine them should they sell such titles to anyone under 18. As the Senate's version of the bill deleted a section in the Illinois state House's version that called for jail time for offenders, the bill must now return to the House for debate. "Video games are not art or media," Illinois state Sen. Deanna Demuzio told AP. "They are simulations, not all that different from the simulations used by the U.S. military in preparation for war." Similar laws banning the sale of violent games to minors have been consistently struck down by a number of courts as being unconstitutional on First Amendment grounds.
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