109 HR 6113 IH: Truth in Video Game Rating U.S. House of Representatives 2006-09-20 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. 6113 IN THE HOUSE OF REPRESENTATIVES September 20, 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 rating organization from assigning a content rating to any video or computer game that is to bear a label containing such content rating when sold or distributed in interstate commerce unless such rating organization has reviewed the playable content of the video or computer game. (2)

Withholding content for rating

(A)

In general

Such rules shall prohibit any person who produces, sells, or otherwise distributes video or computer games in interstate commerce from withholding or hiding any playable content of a video or computer game from, or in any other manner failing to disclose any playable content of a video or computer game to, a rating organization, with the intent of obtaining a less-restrictive content rating than the video or computer game would likely receive if such rating organization were to review the withheld or hidden content. (B)

Hidden content

Such rules shall provide that where, in the course of obtaining a content rating, a person submits to a rating organization a video or computer game that contains hidden content, that such person also provide the rating organization with the necessary codes or methods of accessing such hidden content, or with reproductions of the scenes, images, sounds and words comprising such hidden content.

3.

G.A.O. Study

(a)

Study

The Comptroller General shall conduct a study to determine— (1)the efficacy of the Entertainment Software Ratings Board ratings system in assigning appropriate content ratings to video and computer games, including ratings for on-line or Internet-based games; (2)whether content ratings systems, like that used by the Entertainment Software Ratings Board, should be peered-reviewed; (3)whether an independent rating system, developed and administered by persons or entities with no financial interest in the video and computer game industry, would result in more accurate and effective content ratings for video and computer games than the rating system used by the Entertainment Software Ratings Board; and (4)the efficacy of a universal ratings system for visual content, including films, broadcast and cable television, 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 online and Internet-based video games.

4.

Definitions

As used in this Act— (1)the term content rating means the age-based rating assigned by a rating organization to a video or computer game in order to notify consumers about the suitability of the game for particular age groups, or any other description that a rating organization assigns to a video or computer game in order to notify consumers of any content that may be offensive to consumers or may not be suitable to persons of varying ages, such as violence, graphic sexual content, nudity, or strong language; (2)the term hidden content means any playable content that may be disabled or blocked from a user of the video or computer game so that it can be accessed only by inputting a code or command or by altering the game’s software with a modification, patch, or similar tool, utility, or method; (3)the term playable content, with respect to video or computer games, means all of the scenes, visual images, sounds, and words that a user can access after installing the game on a computer, console, telecommunication device, or similar technology, and includes any hidden content; (4)the term rating organization means the Entertainment Software Ratings Board or any other independent organization that assigns content ratings for video or computer games; and (5)the term video or computer game means any product, whether distributed electronically or through a tangible device, consisting of data, programs, routines, instructions, applications, symbolic languages, or similar electronic information that enables a user to interact with a computer-controlled virtual environment for entertainment purposes.