[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5912 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5912

 To direct the Federal Trade Commission to prescribe rules to prohibit 
      deceptive conduct in the rating of video and computer games.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2006

 Mr. Stearns (for himself, Mr. Matheson, and Mr. McIntyre) introduced 
 the following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
 To direct the Federal Trade Commission to prescribe rules to prohibit 
      deceptive conduct in the rating of video and computer games.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Truth in Video Game Rating Act''.

SEC. 2. DECEPTIVE RATINGS OF VIDEO GAMES.

    Not later than 1 year after the date of enactment of this Act, the 
Federal Trade Commission shall prescribe rules under section 553 of 
title 5, United States Code, to prohibit the following as an unfair and 
deceptive act or practice prescribed pursuant to section 18(a)(1)(B) of 
the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)):
            (1) Rating game only on partial content.--Such rules shall 
        prohibit any person or entity from providing a content rating 
        of any video or computer game that is to bear a label 
        containing such content rating when sold or distributed in 
        interstate commerce unless such person or entity has reviewed 
        the content of the video or computer game in its entirety.
            (2) Withholding content for rating.--Such rules shall 
        prohibit any person who produces, sells, or otherwise 
        distributes video or computer games in interstate commerce from 
        withholding or hiding any content of the video or computer game 
        from, or in any other manner failing to disclose any content of 
        the video or computer game to, the person or entity to whom the 
        video or computer game is submitted for the purpose of 
        obtaining a content rating.
            (3) Gross mischaracterization of content.--Such rules shall 
        prohibit any person or entity that provides a content rating 
        for a video or computer game that is to bear a label containing 
        such content rating when sold or distributed in interstate 
        commerce from providing a content rating that grossly 
        mischaracterizes (as defined by the Commission in such rules) 
        the content of the video or computer game.

SEC. 3. G.A.O. STUDY.

    (a) Study.--The Comptroller General shall conduct a study to 
determine--
            (1) the effectiveness of the ESRB video and computer game 
        content ratings system, including content ratings for on-line 
        or Internet-based games;
            (2) whether content ratings systems, like that used by the 
        ESRB, should be peered-reviewed;
            (3) whether an independent ratings system would offer 
        better accuracy and effectiveness in content ratings for video 
        and computer games;
            (4) the prevalence of marketing video and computer games to 
        audiences that fall under the age-based content ratings of 
        those games; and
            (5) the efficacy of a universal ratings system for visual 
        content, including films, broadcast and cable TV, and video and 
        computer games.
    (b) Report.--The Comptroller General shall transmit a report on the 
findings of the study conducted pursuant to subsection (a) to Congress 
not later than 180 days after the date of enactment of this Act. The 
report shall contain recommendations regarding effective approaches to 
video and computer game content ratings that address the unique ratings 
challenges of on-line and Internet-based video games.

SEC. 4. DEFINITIONS.

    As used in this Act--
            (1) the term ``content'', with respect to video and 
        computer games, means all of the visual images and sounds that 
        are included as part of the recorded data of the video or 
        computer game;
            (2) the term ``content rating'' means any rating of the 
        content of a video or computer game provided to notify 
        consumers of any content which may be offensive to consumers or 
        may not be suitable to persons of varying ages, including such 
        content as violence, graphic sexual content, nudity, or strong 
        language;
            (3) the term ``ESRB'' means the Entertainment Software 
        Ratings Board; and
            (4) the term ``video or computer game'' means any 
        electronic object or device that creates an interactive game 
        capable of being played, viewed, or experienced on or through a 
        computer, gaming system, console, or other technology.
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