2008 LEGISLATIVE AGENDA

Video Game Regulations

Retail Council position

The Retail Council of New York State and its member stores selling video games join with state lawmakers concerned that certain video games, like any manifestation of visual media, are better suited for mature audiences and users and that access to same should be limited.  That is why Council member stores endorse, publicize, and utilize an easy-to-use ratings system to help parents and video game consumers determine which games are best suited for children, young adults, and others.  And as a result, the Retail Council opposes legislation that would establish a New York State-specific ratings system, and strongly opposes legislation that would establish a class E felony against retailers for the sale of certain video games under certain circumstances.  

Legislative action

While several different bills introduced in 2007 and active in 2008 would limit or regulate the sale of video games in New York State, legislation taking center stage  at the close of the regular 2007 session (A.9310 [Lentol], passed Assembly / S.6401 [Lanza], Senate Rules) would:

• Establish a class E felony for individuals who sell to a minor in New York State a video game containing “depraved violence” and “indecent images;”

• Prohibit the sale of video games unless a rating is attached to the outside of the game;

• Require new video game consoles to include controls that would allow parents and others to prohibit certain content in a video game from being viewed and/ or accessed; and

• Establish an advisory council on “interactive media and youth violence.”

The Retail Council opposes the bill in large part because of its inclusion of language establishing the class E felony.  Other provisions included in the bill are far less objectionable and, in our view, worthy of constructive discussion and partnership.

At a glance

  • The Entertainment Software Ratings Board (ESRB) established, in 1994, a voluntary ratings system to effectively inform and guide parents, video game players, and other consumers regarding the nature of each video game sold, including whether the game is age-appropriate for its end user (s).  Though the rating system remains voluntary, most national retailers selling video games follow the strict and thorough ESRB standards, conspicuously posting information to educate consumers and enacting point-of-sale age checks to ensure that games are not sold in contravention of the ESRB rating.
  • The games and content that were subject to the most criticism and under careful scrutiny during the 2007 session are, for practical purposes, not sold in retail stores in New York State.  They tend to be accessed either through on-line download or similar channels.  That these and other such games are generally unavailable at traditional retail outlets in New York State, however, does not diminish the concerns raised by the Retail Council and its member stores.  The definitions found in the legislation are and will remain open to interpretation and debate and, ultimately, could change depending upon the subjective determinations of different individuals at different times. 
  • Rendering it a felony for store-level employees who sell video games containing certain images and content is an overbearing and questionable response to the matter of video games content access and the impact of video game content on certain users.  Reiterating our referenced concerns regarding subjective determinations, we fear that stores and store clerks could find themselves facing very serious criminal charges despite their best efforts to comply with a law fraught with open-ended language.
  • Efforts to codify the ESRB’s voluntary ratings have been struck down in court as unconstitutional time and again.  A federal district court in Minnesota recently rejected such attempts as violating the first and fourteenth amendment, according to the New York City Bar Association.  Similar attempts in New York may not pass constitutional muster and legislation signed into law may be subject to lengthy and costly lawsuits - a burden on all stakeholders, including the taxpayers of New York State. 
  • Members of the Retail Council will continue educating lawmakers on efforts to arm their customers with information necessary to make informed decisions when purchasing video games of any type.