For the week of 4.3.06   

As the evidence of the harmful influences, both medical and social, which violent video games can have on players mounts, local, state and federal governments are increasingly moving to restrict access to such games by children.

The Utah House Judiciary Committee in February approved a bill which would make violent video games comparable to pornography. The bill amends the section of the Utah Criminal Code dealing with obscenity to include "inappropriate violence in an interactive video or electronic game" that is "patently offensive to prevailing standards in the adult community as a whole." If the bill becomes law, selling an explicitly violent game to a minor would be a third-degree felony carrying a penalty of up to a $300 fine and 14 days in jail. (Deseret Morning News, February 15, 2006)

"If we have to go to the Supreme Court, let's go all the way to the Supreme Court. Let Utah be the one to say enough is enough." --  Utah Eagle Forum President Gayle Ruzicka, a lawyer representing the families of police officers who were murdered by a young man, who allegedly went on a killing spree targeting police officers after playing a violent video game.  (Deseret Morning News, February 15, 2006)

Predictably, opponents claim that the bill violates the First Amendment. Margaret Plane of the ACLU of Utah opines that violence receives the highest protection possible under the First Amendment. And Scott Sabey of the Entertainment Software Rating Board said, "Unlike pornography, violence is a protected form of speech." (Deseret Morning News, February 15, 2006) But other voices in Utah, including those of the news media, think otherwise.

"Common sense says what we see does influence how we feel, think and act. If it weren't so, advertisers wouldn't pay millions of dollars to place their company logos in movies. As a newspaper, we take the First Amendment to the Constitution very seriously. We believe freedom of expression is sacrosanct. But when images and words are used to alter the chemical makeup of the brains of boys and girls, we also believe society has a right -- and a duty -- to safeguard them in the name of public safety and health." – editorial, Deseret Morning News, January 8, 2006

Under legislation proposed in January at the Iowa Statehouse, selling or renting violent videogames to children under the age of 18 without a parent's consent would be a misdemeanor, and retailers who fail to take steps to prevent such sales would be subject to civil fines of $500. The bill does not rely on the videogame industry's own ratings; it would consider as "violent" any games that contain violence against a person "in which the player of the video game simulates killing or causing serious physical injury." (Des Moines Register, January 25, 2006)

"Parents are looking for help in dealing with parenting kids in today's technology. Do we really want kids spending their free time trying to decide who they want to murder and how they want to murder them?" -- Iowa state Representative Janet Petersen (Des Moines Register, January 25, 2006)

In Maryland, two legislators have introduced bills to limit children's access to violent videogames. State Delegate Justin D. Ross has introduced a bill which would require manufacturers of such games to label them with white stickers with the number 18 outlined in black. The legislation is modeled after California's measure and would go beyond industry ratings already established by the Entertainment Software Rating Board. The proposal would establish standards for determining whether a game is too violent for minors, such as if it includes torture, rape or "needless mutilation" of human or humanlike characters. Selling such games to a minor would be punishable by a fine of up to $1,000 for the store owner or manager. (Washington Post, January 19, 2006)

Another bill, introduced by Delegate A. Wade Kach, would ban the sale to minors of games rated "For Adults Only," and would impose penalties of up to a year in jail or $5,000 in fines for violators, including retail clerks. Under both bills, retailers would be responsible for verifying a customer's age. (Washington Post, January 19, 2006)

"People are starting to recognize that these games, because of the unique medium, have a much more profound effect on children than movies or television." -- Maryland Delegate Justin D. Ross (Washington Post, January 19, 2006)

Florida's SB 492, sponsored by state Sen. Alex Diaz de la Portilla, would also require such games to be identified by white stickers with the number 18 outlined in black. Under the bill, selling a violent game to someone under 18 could result in a 60-day jail term and $500 fine, while subsequent violations could bring a year in jail and $1,000 fine. The bill cleared the Senate Commerce and Consumer Services Committee. A similar bill is awaiting its first committee hearing in the Florida House. (AP, January 11, 2006)

"With violent video games, you are an active participant. You're actually the one engaging in committing the act, whether it's decapitation, whether it's murder, whether it's maiming, whether it's raping." – Florida state Senator Alex Diaz de la Portilla (AP, January 11, 2006)

Supporting Sen. Diaz's bill, PTC Chapter Director Matt Butler wrote:

"Video games can help train people to kill. Ask the people we trust most, the United States military. The military succeeds at the difficult task of getting people to overcome their natural barriers to committing unthinkable acts of violence. They use video games to train our servicemen and women for the rigors of combat. The same games for children reward cop-killing, auto theft and drug dealing. An underage child should not have the unilateral discretion to walk into a store and purchase such a product. This is common sense." – Matt Butler (Tallahassee Democrat, January 11, 2006)

Even fans of violent videogames agree with Butler's perspective:

"We certainly agree with Butler's premise that adult-themed games should be kept away from children…Butler is correct that retailers could do a better job of keeping games out of the hands of minors. There is room for improvement".-- editorial, Game Politics.com, January 11, 2006

Last December, State Senator Vi Simpson, stated that she would introduce a bill to the Indiana General Assembly compelling stores to stop selling or renting the games to people 17 years old and under, as the "M" for mature labels suggest. (AP, December 30, 2005)

"Right now, kids can walk into just about any store and get their hands on a video game in which they can shoot police officers, use drugs, steal cars, rape women or even assassinate a president. That's frightening to say the least." --  Indiana state Senator Vi Simpson (AP, December 30, 2005)
 

Also in December, U. S. Senator Evan Bayh said he would introduce federal legislation designed to prohibit anyone under 17 from purchasing M-rated games without the express consent of a parent present at the time of sale or rental. The legislation might also include fines up to $1,000 against stores that would violate such a law. (AP, December 30, 2005) In the same session U. S. Senators Hillary Rodham Clinton and Joseph Lieberman introduced the Family Protection Act, which calls for an analysis of the current ratings system, prohibition of sales to minors and an annual retailer audit. It would also prohibit the sale of violent and sexually explicit video games to minors and put in place a $5,000 penalty for those who violate the law.

"We are determined to stop a situation in which video games with pornographic and violent content are being peddled to our children. It's almost routine in popular games for players to spray other people with Uzis, to drive over pedestrians, to attack women and in some cases even to engage in cannibalism...The disturbing material in 'Grand Theft Auto' and other games like it is stealing the innocence of our children, and it's making the difficult job of being a parent even harder." – U.S. Senator Hillary Rodham Clinton (Focus on the Family website, December 22, 2005)

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