Northender, NY
12-15-06
Nassau Tightens Video Game Retail Guidelines
A law was signed into effect in Nassau County this week aimed at reducing
children’s access to video games with mature subject matter.
The law was sponsored by Legislator Dave Mejias (D-North Massapequa) and
requires Nassau County video game retailers to take measures to ensure that
purchasers clearly understand video game rating systems. Stores must post
visible signs providing information about the rating system and must also have
literature on-hand to describe the system in-depth.
The system followed must be that supplied by the Entertainers’ Software Rating
Board (ESRB). It is a two-part system that rates games with symbols and offers
descriptions of what the symbols mean. The ratings include: C-for early
childhood; E-for everyone; E 10+-Everyone 10 and older; T-Teen; M-mature,
17+; Adults-adults only; and RP-rating pending.
Those who fail to comply can be fined up to $500. They will have the chance to
be heard in a proceeding before the Commissioner of Consumer Affairs.
"Parents are busy and the information they need to make informed decisions to
better protect their children is not readily available. Many parents are unaware of
the video ranking system, and do not know what level of content is associated
with each rating," Legislator Mejias said when proposing the law. "The rating
level printed on the cover of the game is not enough. Requiring retailers to clearly
post the ratings information will provide parents with all available information and
allow them to better protect their children from the violent and gratuitous behavior
displayed in many video games."
Video game violence is, of course, a topic of national debate, and by no means a
new one.
The Federal Trade Commission keeps a close watch on video game industry
practices; and the National Institute on Media and the Family has for the last 11
years released an annual MediaWise Video Game Report Card. Last month the
Institute held its first annual National Summit on Video Games, Youth and Public
Policy; which it co-sponsored with Iowa State University.
The summit consisted of academic scholars, public health officials, child health
advocates and representatives of the video game industry. The focus of the
summit was the impact of video games on the psychological and physical health
of children.
An upshot of the summit will be the design of a ten-year plan for addressing
children’s access to violent and sexually explicit video games. In the short term,
attendees of the summit voted to release the following joint statement:
“Behavioral science research demonstrates that playing violent video games can
increase the likelihood of aggressive behavior in children and youth.”
Groups like the American Amusement Machine Association have raised First
Amendment-based objections to strict video game regulation.
In 2001, the Association sued Indianapolis, Indiana on the grounds that
legislation decreeing that arcades could only allow children to play maturethemed video games in the company of an adult violated children’s First
Amendment rights. A trial court sided with the Association, but the decision was
reversed in the Seventh Circuit Court of Appeals. Attempts to have the case
heard by the US Supreme Court were unsuccessful.
When pushing for the legislation’s passage, Legislator Mejias had the support of
the Coalition Against Domestic Violence, the Nassau County Police Department
and several PTA officials. He also quoted the American Psychological
Association as saying that violent video games can increase aggressive behavior
in children and adults.