Abstract:

The content of some videogames has raised social concerns which have legal and policy implications The questionable content includes: graphic violence and gore; virtual sex; partial or full nudity; criminal behavior; inappropriate stereotypes; racial, ethnic and religious slurs; drug, alcohol and tobacco use; gambling; and other provocative and unpleasant material In particular, there have been concerns about the protection of children However, in light of the US’s constitutional protection of speech, which applies to videogames, legislative efforts to directly regulate games with such content have been unsuccessful Instead, the US has evolved a variety of nongovernmental mechanisms which in practice limit the distribution of such games and empower purchasers with information about their contents This ecosystem of restraint and informed consumers relies on a voluntary system of game ratings, enforced by contracts with game publishers and largely respected by game distributors and retailers, to significantly curtail the sale of adultrated games to persons less than 18 years of age If the US Supreme Court accepts and agrees with the appeal of a currently pending legal case, legislatures would be given more power to regulate such games directly

Key words: videogames, contentregulation, ratingssystems, videogameretailers, USFirstAmendment, EntertainmentSoftwareRatingsBoard(ESRB)