109 HR 5912 IH: Truth in Video Game Rating U.S. House of Representatives 2006-07-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 2d Session H. R. 5912 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.

1.

Short title

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

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.

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.

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.