ESRB: When is a Video Game Law not a Law?
And how does the ESRB legislate for websites?
In a move reminiscent of 2007's Dark Sector debacle, Shacknews and other US sites have been asked to remove Fallout 3 trailers (such as the one you see here).
An email from Bethesda's Peter Hines states:
"Advertising guidelines" - they're guidelines, right? That's why 'laws' are called laws and 'guidelines' are called 'guidelines'. After all, not murdering your family is not really a 'guideline'. And the ESRB is a self-regulating industry body, right? Let's check...
"The Entertainment Software Rating Board (ESRB) is a non-profit, self-regulatory body established in 1994 by the Entertainment Software Association (ESA), formerly known as the Interactive Digital Software Association (IDSA). ESRB assigns computer and video game content ratings, enforces industry-adopted advertising guidelines and helps ensure responsible online privacy practices for the interactive entertainment software industry", says the ESRB.
Yup. So, can the ESRB 'instruct' or pass on instructions to websites? We don't think so (well, we know it can't instruct UK ones - hence the trailer that you can see here.)
However, according to the ESRB, "Publishers of games carrying an ESRB rating are legally bound to follow the industry-adopted Principles and Guidelines for Responsible Advertising Practices..."
So, this legal binding would appear to place Bethesda in a position wherein it has to demand withdrawal of its assets from websites otherwise legal action will be taken and penalties paid.
Weren't these trailers (such as this one) reviewed and cleared by the ESRB in the first place? You would have thought that with all that legal responsibility, it would definitely have taken its duties seriously.
We're getting very lost. But let's say that legal action was about to be rained down on Peter Hines' head! That law would be... it would be the US law about advertising video games... that Federal law that the ESA and ESRB have to enforce as self-regulating industry bodies not bullied by big government. That Federal law called?
We're looking closely at that right now. Any help from our US readers would be most useful - seriously.
In the meantime, why not have a look at a trailer for Fallout 3 (such as the one you see here)?
An email from Bethesda's Peter Hines states:
"In connection with ESRB's advertising guidelines, you are instructed to remove immediately any of our Fallout 3 trailers from your website, pending further notice.
"Advertising guidelines" - they're guidelines, right? That's why 'laws' are called laws and 'guidelines' are called 'guidelines'. After all, not murdering your family is not really a 'guideline'. And the ESRB is a self-regulating industry body, right? Let's check...
"The Entertainment Software Rating Board (ESRB) is a non-profit, self-regulatory body established in 1994 by the Entertainment Software Association (ESA), formerly known as the Interactive Digital Software Association (IDSA). ESRB assigns computer and video game content ratings, enforces industry-adopted advertising guidelines and helps ensure responsible online privacy practices for the interactive entertainment software industry", says the ESRB.
Yup. So, can the ESRB 'instruct' or pass on instructions to websites? We don't think so (well, we know it can't instruct UK ones - hence the trailer that you can see here.)
However, according to the ESRB, "Publishers of games carrying an ESRB rating are legally bound to follow the industry-adopted Principles and Guidelines for Responsible Advertising Practices..."
So, this legal binding would appear to place Bethesda in a position wherein it has to demand withdrawal of its assets from websites otherwise legal action will be taken and penalties paid.
Weren't these trailers (such as this one) reviewed and cleared by the ESRB in the first place? You would have thought that with all that legal responsibility, it would definitely have taken its duties seriously.
We're getting very lost. But let's say that legal action was about to be rained down on Peter Hines' head! That law would be... it would be the US law about advertising video games... that Federal law that the ESA and ESRB have to enforce as self-regulating industry bodies not bullied by big government. That Federal law called?
We're looking closely at that right now. Any help from our US readers would be most useful - seriously.
In the meantime, why not have a look at a trailer for Fallout 3 (such as the one you see here)?
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Comments
Bites 14 Apr 2009 20:58
1/1
Fantastic work.