Video Games presentation (PDF format)
Content
Adam Thierer
[email protected] Progress & Freedom Foundation April 2008 www.pff.org
1
Vers
3.0
ion
www.pff.org/parentalcontrols
2
Outline
(I) Why care about ratings & parental controls? (II) Current state of ratings (III) Current state of parental control tools (IV) Third‐party rating efforts (V) Legal/ regulatory issues (VI) Future controversies & issues (VII) The forgotten role of informal household rules
3
Why Care about Ratings & Parental Controls?
Recent video game and Internet legal cases suggest a major jurisprudential shift Courts have:
(a) rejected most “harm to minors” theories (b) employed the “less restrictive means” test = regulation must yield to private alternatives if they are available and effective (Q: but what is effective?)
4
Courts have largely foreclosed government censorship of most media and placed responsibility over what enters the home squarely in the hands of parents This is why parental control tools and methods are more important than ever before But, future policy debates could hinge on continued effectiveness of ratings & parental controls
5
6
What makes for a “good” rating system?
The purpose of a rating system is to:
(1) convey information about a given media product to consumers (especially parents), (2) so that they are able to make an informed judgment about the wisdom of consuming that media, or allowing children to consume it.
In other words, a good rating system INFORMS and EMPOWERS A rating system is NOT a tool to “clean up” or self‐ censor media
7
The Entertainment Software Rating Board (ESRB)
Established in 1994 Rates approximately 1,000 games per year Virtually every game produced for retail sale is rated 7 rating symbols + over 30 content descriptors Both ratings and descriptors have evolved slightly over time
8
ESRB Game Ratings
EARLY CHILDHOOD: Titles rated EC have content that may be suitable for ages 3 and older.
Contains no material that parents would find inappropriate.
EVERYONE: Titles rated E have content that may be suitable for ages 6 and older. Titles
in this category may contain minimal cartoon, fantasy or mild violence and/or infrequent use of mild language.
EVERYONE 10+: Titles rated E10+ have content that may be suitable for ages 10 and
older. Titles in this category may contain more cartoon, fantasy or mild violence, mild language, and/or minimal suggestive themes.
TEEN: Titles rated T have content that may be suitable for ages 13 and older. Titles in this
category may contain violence, suggestive themes, crude humor, minimal blood, simulated gambling, and/or infrequent use of strong language.
MATURE: Titles rated M have content that may be suitable for persons ages 17 and
older. Titles in this category may contain intense violence, blood and gore, sexual content, and/or strong language.
ADULTS ONLY: Titles rated AO have content that should only be played by persons 18
years and older. Titles in this category may include prolonged scenes of intense violence and/or graphic sexual content and nudity.
RATING PENDING: Titles listed as RP have been submitted to the ESRB and are
awaiting final rating. (This symbol appears only in advertising prior to a game’s release.)
9
ESRB Content Descriptors
Alcohol Reference Animated Blood Blood Blood and Gore Cartoon Violence Comic Mischief Crude Humor Drug Reference Edutainment Fantasy Violence Informational Intense Violence Language Lyrics Mature Humor Mild Violence Nudity Partial Nudity Real Gambling Sexual Themes Sexual Violence Simulated Gambling
Some Adult Assistance May Be Needed
Strong Language Strong Lyrics Strong Sexual Content Suggestive Themes Tobacco Reference Use of Drugs Use of Alcohol Use of Tobacco Violence
10
“E”
“E 10+”
“M” “T”
11
ESRB also…
operates an Advertising Review Council (ARC) that promotes and monitors advertising and marketing practices in the gaming industry.
“Principles for Responsible Advertising” “Advertising Code of Conduct”
works with retailers to educate
“OK to Play” campaign
has an educational partnership with the Parent‐ Teacher Association to encourage and enable state and local PTAs to educate their community’s parents produces educational PSAs with policy makers to build awareness about ESRB system
12
ESRB Promotional Efforts
13
Relative Strengths of the ESRB
Most comprehensive industry‐led media rating & labeling system to date “professional” game content is all being labeled Focus on content descriptors versus ratings differentiates the ESRB; provides much more information to parents A lot of parents are aware of it and use it Of course, the price tag of games helps!
$40‐$60 price tag means parents pay more attention “power of the purse” more prevalent with games than other media content
14
100%
90%
89% Ratings Awareness Ratings Use 78% 72% 71% 74% 70% 83% 85%
80%
70%
67%
60%
53%
50%
49% 43%
40%
30%
20%
10%
0% 1999 2002 2003 2005 2006 2007
Source: Entertainment Software Rating Board, Peter D. Hart Research Associates
15
Challenges for ESRB system
#1 challenge = Retailer compliance
Constant need to train and retrain retail clerks to enforce system at point of sale Many clerks are young themselves; friends of buyers
System often judged by unique outliers (ex: “Grand Theft Auto” and “Manhunt”)
Unfair; like judging all books by the Unibomber manifesto! Most games are acceptable for young kids
Keeping game developers happy is hard!
The artists who create these games often don’t like having their art rated; creates tensions
16
ESRB Challenges (cont.)
Social science critiques
some psychologists or media critics allege …
Failure to account for supposed harm to cognitive development of minors Ratings creep
Legal / regulatory challenges
Constant stream of state & federal legislation
(discussed in concluding section on “Future Trends”)
Seemingly endless legal cycle
10 major cases so far, all won by industry
17
18
Game Console Controls
All major gaming consoles (Microsoft, Sony, Nintendo) have embedded parental controls tools
can block by both ESRB and MPAA ratings (via metadata tags) allow parents to enter the ESRB rating level that they believe is acceptable for their children. Once they do so, no game rated above that level can be played on the console
Even controls for massive, multiplayer online gaming
Ex: XBOX 360 can block chat, restrict via a “buddies list,” and block online purchases Microsoft Vista offers similar gaming controls
19
How the Xbox 360 gets it right…
Importance of “out‐of‐the‐box” parental controls experience Bundled ESRB rating card+ clear manual Online support/ manuals Chat restrictions Buying restrictions Buddy lists can be easily monitored “Family timer” now offered (limits game time)
20
21
Microsoft Vista Controls
22
Other consoles…
Nintendo (Wii) & Sony (PS3) not quite as sophisticated as the Xbox, but basic controls are included in both systems
Can filter by rating and block chat & purchases
Sony’s PS3 controls need some work
Strange “1‐11” rating matrix; not explained well in manual Manual & online site lacks details; little assistance More difficult to set up out of the box
23
24
Common Sense Media
www.commonsensemedia.org/game‐reviews
Gamer Dad
www.gamerdad.com
What They Play
www.whattheyplay.com
Children’s Technology Review
www.childrenssoftware.com
+ good user‐generated reviews of video games on sites like Amazon.com and Metacritic.com
25
26
Benefit of independent rating & review sites:
Most obviously, not industry affiliated Wealth of divergent views; many from average parents (and sometimes even kids) Creates equivalent of a shadow ratings process = a check / watchdog for the ESRB But.. none are as comprehensive as the ESRB; many games not considered by these sites; they focus mostly on popular titles 27
28
Some thoughts about ratings and technical controls…
No rating system is perfect and no parental control tool is foolproof Rating and content‐labeling efforts are not an exact science; rating art is not like solving mathematical equations But ratings and parental control tools need not be perfect to be preferable to government regulation That is particularly true because of the First Amendment values at stake here Moreover, private ratings and controls have many advantages over government regulation…
29
Advantages of Private Ratings & Controls vs. Government Regs
30
Future issues
(1) renewed push for universal media ratings? or just… (2) Oversight of ESRB by Congress or non‐profit / academic groups? (3) More FTC oversight of retailer enforcement?
FTC already conducts secret shopper surveys + report
(4) Mandatory age verification for MMOGs & online activities? (5) Mandatory parental controls defaults (i.e, controls
forced “ON” out of box, requiring parents to opt out of controls)
(6) What happens when “AO” games hit consoles? (7) What about virtual reality games?
Star Trek’s “holo‐deck” is coming to your living room! Already seeing more tactile devices coming to market
31
Appendix: The forgotten role of Household Media Rules
32
Household Media Rules
= Any non‐technical method of controlling media consumption A frequently overlooked part of the parental controls story In many ways, household efforts represent the most important steps that most parents can take in dealing with potentially objectionable content or teaching their children how to be sensible, savvy media consumers, and… To the extent that many households never take advantage of technical controls, it is likely because they rely instead on informal household media rules In a nutshell… Parents are parenting!
33
Taxonomy of Household Media Rules
1) “Where” Rules
Pew survey: 74% of homes with teenagers have their computers in an “open family area”
2) “When and How Much” Rules
Pew survey: 59% of parents limit the amount of time their children can spend playing video games and 69 percent limit how much time their children can spend online
3) “Under What Condition” Rules 4) “What” Rules
Pew survey: 67% of parents already have rules for the kinds of video games they can play 34
Regardless of other issues or disagreements, we all need to think about how video games fit into a “balanced media diet”
35
The Media Food Pyramid: The Importance of a Balanced Media Diet
36
[email protected] Progress & Freedom Foundation April 2008 www.pff.org
1
Vers
3.0
ion
www.pff.org/parentalcontrols
2
Outline
(I) Why care about ratings & parental controls? (II) Current state of ratings (III) Current state of parental control tools (IV) Third‐party rating efforts (V) Legal/ regulatory issues (VI) Future controversies & issues (VII) The forgotten role of informal household rules
3
Why Care about Ratings & Parental Controls?
Recent video game and Internet legal cases suggest a major jurisprudential shift Courts have:
(a) rejected most “harm to minors” theories (b) employed the “less restrictive means” test = regulation must yield to private alternatives if they are available and effective (Q: but what is effective?)
4
Courts have largely foreclosed government censorship of most media and placed responsibility over what enters the home squarely in the hands of parents This is why parental control tools and methods are more important than ever before But, future policy debates could hinge on continued effectiveness of ratings & parental controls
5
6
What makes for a “good” rating system?
The purpose of a rating system is to:
(1) convey information about a given media product to consumers (especially parents), (2) so that they are able to make an informed judgment about the wisdom of consuming that media, or allowing children to consume it.
In other words, a good rating system INFORMS and EMPOWERS A rating system is NOT a tool to “clean up” or self‐ censor media
7
The Entertainment Software Rating Board (ESRB)
Established in 1994 Rates approximately 1,000 games per year Virtually every game produced for retail sale is rated 7 rating symbols + over 30 content descriptors Both ratings and descriptors have evolved slightly over time
8
ESRB Game Ratings
EARLY CHILDHOOD: Titles rated EC have content that may be suitable for ages 3 and older.
Contains no material that parents would find inappropriate.
EVERYONE: Titles rated E have content that may be suitable for ages 6 and older. Titles
in this category may contain minimal cartoon, fantasy or mild violence and/or infrequent use of mild language.
EVERYONE 10+: Titles rated E10+ have content that may be suitable for ages 10 and
older. Titles in this category may contain more cartoon, fantasy or mild violence, mild language, and/or minimal suggestive themes.
TEEN: Titles rated T have content that may be suitable for ages 13 and older. Titles in this
category may contain violence, suggestive themes, crude humor, minimal blood, simulated gambling, and/or infrequent use of strong language.
MATURE: Titles rated M have content that may be suitable for persons ages 17 and
older. Titles in this category may contain intense violence, blood and gore, sexual content, and/or strong language.
ADULTS ONLY: Titles rated AO have content that should only be played by persons 18
years and older. Titles in this category may include prolonged scenes of intense violence and/or graphic sexual content and nudity.
RATING PENDING: Titles listed as RP have been submitted to the ESRB and are
awaiting final rating. (This symbol appears only in advertising prior to a game’s release.)
9
ESRB Content Descriptors
Alcohol Reference Animated Blood Blood Blood and Gore Cartoon Violence Comic Mischief Crude Humor Drug Reference Edutainment Fantasy Violence Informational Intense Violence Language Lyrics Mature Humor Mild Violence Nudity Partial Nudity Real Gambling Sexual Themes Sexual Violence Simulated Gambling
Some Adult Assistance May Be Needed
Strong Language Strong Lyrics Strong Sexual Content Suggestive Themes Tobacco Reference Use of Drugs Use of Alcohol Use of Tobacco Violence
10
“E”
“E 10+”
“M” “T”
11
ESRB also…
operates an Advertising Review Council (ARC) that promotes and monitors advertising and marketing practices in the gaming industry.
“Principles for Responsible Advertising” “Advertising Code of Conduct”
works with retailers to educate
“OK to Play” campaign
has an educational partnership with the Parent‐ Teacher Association to encourage and enable state and local PTAs to educate their community’s parents produces educational PSAs with policy makers to build awareness about ESRB system
12
ESRB Promotional Efforts
13
Relative Strengths of the ESRB
Most comprehensive industry‐led media rating & labeling system to date “professional” game content is all being labeled Focus on content descriptors versus ratings differentiates the ESRB; provides much more information to parents A lot of parents are aware of it and use it Of course, the price tag of games helps!
$40‐$60 price tag means parents pay more attention “power of the purse” more prevalent with games than other media content
14
100%
90%
89% Ratings Awareness Ratings Use 78% 72% 71% 74% 70% 83% 85%
80%
70%
67%
60%
53%
50%
49% 43%
40%
30%
20%
10%
0% 1999 2002 2003 2005 2006 2007
Source: Entertainment Software Rating Board, Peter D. Hart Research Associates
15
Challenges for ESRB system
#1 challenge = Retailer compliance
Constant need to train and retrain retail clerks to enforce system at point of sale Many clerks are young themselves; friends of buyers
System often judged by unique outliers (ex: “Grand Theft Auto” and “Manhunt”)
Unfair; like judging all books by the Unibomber manifesto! Most games are acceptable for young kids
Keeping game developers happy is hard!
The artists who create these games often don’t like having their art rated; creates tensions
16
ESRB Challenges (cont.)
Social science critiques
some psychologists or media critics allege …
Failure to account for supposed harm to cognitive development of minors Ratings creep
Legal / regulatory challenges
Constant stream of state & federal legislation
(discussed in concluding section on “Future Trends”)
Seemingly endless legal cycle
10 major cases so far, all won by industry
17
18
Game Console Controls
All major gaming consoles (Microsoft, Sony, Nintendo) have embedded parental controls tools
can block by both ESRB and MPAA ratings (via metadata tags) allow parents to enter the ESRB rating level that they believe is acceptable for their children. Once they do so, no game rated above that level can be played on the console
Even controls for massive, multiplayer online gaming
Ex: XBOX 360 can block chat, restrict via a “buddies list,” and block online purchases Microsoft Vista offers similar gaming controls
19
How the Xbox 360 gets it right…
Importance of “out‐of‐the‐box” parental controls experience Bundled ESRB rating card+ clear manual Online support/ manuals Chat restrictions Buying restrictions Buddy lists can be easily monitored “Family timer” now offered (limits game time)
20
21
Microsoft Vista Controls
22
Other consoles…
Nintendo (Wii) & Sony (PS3) not quite as sophisticated as the Xbox, but basic controls are included in both systems
Can filter by rating and block chat & purchases
Sony’s PS3 controls need some work
Strange “1‐11” rating matrix; not explained well in manual Manual & online site lacks details; little assistance More difficult to set up out of the box
23
24
Common Sense Media
www.commonsensemedia.org/game‐reviews
Gamer Dad
www.gamerdad.com
What They Play
www.whattheyplay.com
Children’s Technology Review
www.childrenssoftware.com
+ good user‐generated reviews of video games on sites like Amazon.com and Metacritic.com
25
26
Benefit of independent rating & review sites:
Most obviously, not industry affiliated Wealth of divergent views; many from average parents (and sometimes even kids) Creates equivalent of a shadow ratings process = a check / watchdog for the ESRB But.. none are as comprehensive as the ESRB; many games not considered by these sites; they focus mostly on popular titles 27
28
Some thoughts about ratings and technical controls…
No rating system is perfect and no parental control tool is foolproof Rating and content‐labeling efforts are not an exact science; rating art is not like solving mathematical equations But ratings and parental control tools need not be perfect to be preferable to government regulation That is particularly true because of the First Amendment values at stake here Moreover, private ratings and controls have many advantages over government regulation…
29
Advantages of Private Ratings & Controls vs. Government Regs
30
Future issues
(1) renewed push for universal media ratings? or just… (2) Oversight of ESRB by Congress or non‐profit / academic groups? (3) More FTC oversight of retailer enforcement?
FTC already conducts secret shopper surveys + report
(4) Mandatory age verification for MMOGs & online activities? (5) Mandatory parental controls defaults (i.e, controls
forced “ON” out of box, requiring parents to opt out of controls)
(6) What happens when “AO” games hit consoles? (7) What about virtual reality games?
Star Trek’s “holo‐deck” is coming to your living room! Already seeing more tactile devices coming to market
31
Appendix: The forgotten role of Household Media Rules
32
Household Media Rules
= Any non‐technical method of controlling media consumption A frequently overlooked part of the parental controls story In many ways, household efforts represent the most important steps that most parents can take in dealing with potentially objectionable content or teaching their children how to be sensible, savvy media consumers, and… To the extent that many households never take advantage of technical controls, it is likely because they rely instead on informal household media rules In a nutshell… Parents are parenting!
33
Taxonomy of Household Media Rules
1) “Where” Rules
Pew survey: 74% of homes with teenagers have their computers in an “open family area”
2) “When and How Much” Rules
Pew survey: 59% of parents limit the amount of time their children can spend playing video games and 69 percent limit how much time their children can spend online
3) “Under What Condition” Rules 4) “What” Rules
Pew survey: 67% of parents already have rules for the kinds of video games they can play 34
Regardless of other issues or disagreements, we all need to think about how video games fit into a “balanced media diet”
35
The Media Food Pyramid: The Importance of a Balanced Media Diet
36
