Ban this sick legislation... erm.. filth!
The New York State Assembly passed Bill A.8696 (Lentol) this week. According to one of the sponsoring senators, Codes Committee Chair Joseph Lentol, the Bill, which was passed by a majority of 130 to 10.
The meat of the matter is that the Bill will, "prohibit the sale of violent video games to minors, but it (will) also would require that game consoles be equipped so that parents can program the consoles to block video content they believe is inappropriate for their child."
According to the NYSA's release on the matter, "Under the bill, violators could face a class E felony charge of up to four years in prison. The legislation also would establish an advisory council on interactive media and youth violence that would review the Entertainment Software Rating Boards' (ESRB) rating system; examine how interactive media and other forms of electronic entertainment affect minors; look into the feasibility of establishing a parent-teacher violence awareness program to ensure greater understanding among parents and teachers about students who may be vulnerable toward violent behaviour; and develop effective intervention programs against youth violence through public education and advocacy efforts. "
The basis for State-based legislation - that is already being challenged by the Entertainment Merchants Association (EMA) - according to another sponsoring Senator, Audrey Pheffer - Chair of the McCarthy-sounding, 'Protection Committee' - is that, "More and more research from some of the nation's leading psychological authorities shows that interactive video games can be more harmful than violent television programs and that repeated exposure to violent video games can cause players to act aggressively. This legislation is long overdue when you consider the negative impact violent video games can have on children".
Let's look at that again, "More and more... from some of...." - yup, that's a basis to legislate. Interestingly for a town which hosts major TV interests, the comparison with violent TV shows crops up as a defence. Of course, no studies were cited. Why? Because no qualified, peer-reviewed research has definitively shown that violent video games are anything more than one of many environmental elements in forming behaviour.
Responding on behalf of the EMA its president Bo Andersen pointed out that although nine equivalent laws had already been passed at State level - and then overthrown at Federal level as unconstitutional.
Said Anderson, "This bill is impermissibly vague. A8696 seeks to apply real-world standards of violence to the fictional and fanciful world of videogames, an environment in which they have no meaning. As a result, retailers and clerks will not and cannot know with certainty which videogames could send them to jail under A8696. It was depressing to hear members of the Assembly note the constitutional problems with the bill and then state that they were voting for it."
Precedent would suggest that A.8696 (Lentol) will also be over-turned. However, the fact that State-based politicians can attract headlines that speak about 'protecting our children', and that they can be seen as going up against 'big industry' is bound to have an effect at Federal level and within the industry as a whole. The fact that the Bill calls for parental controls on all consoles sold after September 1st 2009 indicates that its sponsors - and those who voted - are either playing at vote catching or simply don't have the facts to hand. PS3, Xbox 360 and Wii all have parental controls built-in as standard. So, by 2009 if Microsoft keeps selling in the Xbox, Nintendo continues to pump Game Cubes in, and Sony is still trying to make its cash from PS2s, then New York City will be suing.
That said, Anderson's attack on A.8696 is too weak to stand up against real scrutiny. Games are rated - the legislation does not apply to any difference in real-world and virtual-world violence - it applies to selling games rated as Mature to under-aged consumers.
We are all set for a much bigger battle...
"...will provide parents with a peace of mind knowing that the video games their children are purchasing are free of violence and nudity and are truly safe forms of entertainment".
The meat of the matter is that the Bill will, "prohibit the sale of violent video games to minors, but it (will) also would require that game consoles be equipped so that parents can program the consoles to block video content they believe is inappropriate for their child."
According to the NYSA's release on the matter, "Under the bill, violators could face a class E felony charge of up to four years in prison. The legislation also would establish an advisory council on interactive media and youth violence that would review the Entertainment Software Rating Boards' (ESRB) rating system; examine how interactive media and other forms of electronic entertainment affect minors; look into the feasibility of establishing a parent-teacher violence awareness program to ensure greater understanding among parents and teachers about students who may be vulnerable toward violent behaviour; and develop effective intervention programs against youth violence through public education and advocacy efforts. "
The basis for State-based legislation - that is already being challenged by the Entertainment Merchants Association (EMA) - according to another sponsoring Senator, Audrey Pheffer - Chair of the McCarthy-sounding, 'Protection Committee' - is that, "More and more research from some of the nation's leading psychological authorities shows that interactive video games can be more harmful than violent television programs and that repeated exposure to violent video games can cause players to act aggressively. This legislation is long overdue when you consider the negative impact violent video games can have on children".
Let's look at that again, "More and more... from some of...." - yup, that's a basis to legislate. Interestingly for a town which hosts major TV interests, the comparison with violent TV shows crops up as a defence. Of course, no studies were cited. Why? Because no qualified, peer-reviewed research has definitively shown that violent video games are anything more than one of many environmental elements in forming behaviour.
Responding on behalf of the EMA its president Bo Andersen pointed out that although nine equivalent laws had already been passed at State level - and then overthrown at Federal level as unconstitutional.
Said Anderson, "This bill is impermissibly vague. A8696 seeks to apply real-world standards of violence to the fictional and fanciful world of videogames, an environment in which they have no meaning. As a result, retailers and clerks will not and cannot know with certainty which videogames could send them to jail under A8696. It was depressing to hear members of the Assembly note the constitutional problems with the bill and then state that they were voting for it."
Precedent would suggest that A.8696 (Lentol) will also be over-turned. However, the fact that State-based politicians can attract headlines that speak about 'protecting our children', and that they can be seen as going up against 'big industry' is bound to have an effect at Federal level and within the industry as a whole. The fact that the Bill calls for parental controls on all consoles sold after September 1st 2009 indicates that its sponsors - and those who voted - are either playing at vote catching or simply don't have the facts to hand. PS3, Xbox 360 and Wii all have parental controls built-in as standard. So, by 2009 if Microsoft keeps selling in the Xbox, Nintendo continues to pump Game Cubes in, and Sony is still trying to make its cash from PS2s, then New York City will be suing.
That said, Anderson's attack on A.8696 is too weak to stand up against real scrutiny. Games are rated - the legislation does not apply to any difference in real-world and virtual-world violence - it applies to selling games rated as Mature to under-aged consumers.
We are all set for a much bigger battle...
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Comments
Joji 31 May 2007 12:37
1/2
Jeez, when will these suits learn, no amount of legislation will stop the youth doing anything they want to do, let alone play mature games (better to call them that than violent games). These people are so out of touch.
Excuse us, but don't PS3, 360 and Wii already have parental controls? Then whats the problem. Developers etc do their bit, so it's up to parents to do theirs and stop moaning.
Excuse us, but don't PS3, 360 and Wii already have parental controls? Then whats the problem. Developers etc do their bit, so it's up to parents to do theirs and stop moaning.
crs117 1 Jun 2007 04:40
2/2
great...way to waste our taxpayer dollars in the states by voting for legislation everybody knows will be overturned in federal court...and then use our vote against violent video games as a talking point to our voters....
-c
-c