109 HR 6120 IH: Video Game Decency Act of 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. 6120 IN THE HOUSE OF REPRESENTATIVES September 20, 2006 Mr. Upton (for himself, Mr. Rush, Mr. Wynn, Mr. Pitts, Mr. Shimkus, Mr. Terry, Mr. Pence, Mr. Wolf, Mr. Hoekstra, Mrs. Blackburn, Mr. Weldon of Pennsylvania, and Mr. Camp) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit deceptive acts and practices in the content rating and labeling of video games.

1.

Short title

This Act may be cited as the Video Game Decency Act of 2006.

2.

Requirements for content rating of video games

It shall be unlawful for any person to ship or otherwise distribute in interstate commerce any video game that contains a rating label containing an age-based content rating for that video game where the person, with the intent of obtaining a less restrictive age-based content rating, failed to disclose content of the video game that was required to be disclosed to the independent ratings organization that assigned such age-based content rating, and which resulted in the video game receiving a less-restrictive age-based content rating than otherwise would have resulted.

3.

Unfair or Deceptive Act or Practice

A violation of section 2 shall be treated as an unfair or deceptive act or practice affecting commerce within the meaning proscribed in section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)), and shall be treated by the Commission as a violation of a rule under section 18(a) of such Act.

4.

Definitions

As used in this Act— (1)the term age-based content rating means the classification assigned by an independent rating organization to a video game for the purpose of informing consumers about the potential suitability of a video game for particular age groups; (2)the term content, with respect to a video game, means— (A)the software contained in the video game that is capable of rendering, depicting, displaying, or activating scenes, images, words, or sounds on a computer or telecommunication device; and (B)any scenes, images, words, or sounds contained in the video game; (3)the term independent rating organization means the Entertainment Software Rating Board or any other organization that assigns age-based content ratings for video games; and (4)the term video 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 (collectively referred to as software) that controls the operation of a computer or telecommunication device and that enables a user to interact with a computer controlled virtual environment for entertainment purposes.

5.

Effect on other laws

This Act supersedes any provision of a statute, regulation, or rule of a State or political subdivision of a State that regulates the rating of video game content, or regulates the sale, rental, or display of a video game on the basis of the video game’s constitutionally protected content.