Video Games Ratings Enforcement Act introduced in to the House

Congressman Altmire,

I write to urge you to argue and vote against H.R. 5990, the “Video Games Ratings Enforcement Act” recently introduced by Rep. Jim Matheson [D-UT]. This legislation unfairly targets video games without citing a reason for the ban on sales to minors, and fails to acknowledge the similarly violent, sexual, and other objectionable content of equivalently-rated television and film.

The Entertainment Software Ratings Board is merely a self-regulatory body established by the Entertainment Software Association (ESA). The review process for video games is based on developer submission of pre-recorded content to the Board, not the Board or its agents actually playing through the video game. This can result in omissions causing a lighter rating or misjudgments causing unfair, heavier ratings.

In fact, two major video game publishers/distributors–Activision and Vivendi Universal–recently left the ESA. A third and one of the largest of its kind in the world, Electronic Arts, is rumored to be considering leaving, as well. They disagree with the ESA’s policies; that is their reason for leaving, as far as I know.

Also, there is no constitutional grounds for this prohibition. Article I Section 8 of the Constitution makes no mention of entertainment media, and more than likely citizens’ rights groups will cry foul that this legislation violates the First Amendment. The interstate commerce clause would allow the Federal government to prohibit sales to minors or mandate rating across state lines as partially stated in Section 2(a) of H.R. 5990, but not within the states–that’s a states’ rights issue supported by the Tenth Amendment.

Moreover, the legislation will do almost nothing to prevent video games with content not meant for minors. Parents will purchase games for their children irresponsibly and without regard for content. If the federal government should do anything in regards to video games with objectionable content, it should urge the ESA and ESRB to educate parents about the rating system and perhaps ask the ESA to mandate that all retailers adhere to guidelines and face penalties or ejection from the ESA if a retailer is caught selling high-rated video games to minors.

If such legislation passes and withstands a constitutionality trial, then a dangerous precedent will be set by which other entertainment media (books, film, television) could, or even /should/ be equally regulated/prohibited.