Upton Works to Restore Integrity to Video Game Ratings

Press Release

Congressman Fred Upton (R-St. Joseph), a longtime watchdog of the video game industry, has reintroduced bipartisan legislation to ensure that parents can rely on a ratings system that accurately describes a video game's content. Upton's legislation, H.R. 1531, the "Video Game Decency Act," prohibits deceptive acts and practices in the content rating and labeling of video games and provides the Federal Trade Commission (FTC) the authority it needs to pursue financial sanctions against those firms who try to deceive the ratings system. Upton had introduced similar legislation last September, but the 109th Congress expired before the legislation was considered. Upton introduced the bipartisan legislation with Illinois Democrat, Rep. Bobby Rush.

"As a parent of two teenagers, I know that parental involvement is the first and most important line of defense in determining the type of content suitable for kids, and the ratings system empowers parents to do just that," Upton said. "This legislation will restore parents' trust in a system in which game makers had intentionally deceived the ratings board to deliver violent and pornographic material to our kids. Parents across the country will be able to breathe a sigh of relief as this legislation goes hand in hand with the mission of the industry's own ratings system."

The "Video Game Decency Act," written under the strict guidelines of the Constitution, is a simple, surgical approach to provide new regulatory authority for the FTC to punish manufacturers in the video game industry when they intentionally hide indecent, violent or otherwise age-inappropriate content in order to bypass the ratings system.

In July of 2005, the House passed Upton's resolution, H.Res.376, which expressed the sense of the House of Representatives that the Federal Trade Commission should investigate the publication of the video game "Grand Theft Auto: San Andreas" to determine if the publisher deceived the Entertainment Software Ratings Board to avoid an "Adults-Only" rating, which would have severely limited its sales in retail outlets. The bestselling game had been rated "Mature," but it was discovered that the game was manufactured with hidden, sexually explicit graphics.

Last year, the companies behind the popular Grand Theft Auto: San Andreas video game agreed to settle Federal Trade Commission charges that they failed to disclose important information about the game's content to consumers. According to the FTC, the companies, in advertising the Entertainment Software Rating Board ("ESRB") rating for the game, did not tell consumers that the game discs contained sexually explicit material.

"It is unfortunate that a few bad players have tarnished the integrity of the ratings system," said Upton. "The Federal Trade Commission currently does not have the tools necessary to pursue game makers who maliciously deceive consumers - this legislation will change that, and parents will be able to have faith in the ratings system once again."

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