Call to Action - CA AB 450
(The below text was emailed to approx 12k IGDA members and registered users in the state of California on May 25th, 2005.)
Dear IGDA member/user,
** Action required BEFORE June 3rd **
Your urgent and immediate action is needed to help defeat a bill in California which poses a serious threat to the constitutional rights of those who develop and publish video games. You must act now to urge members of the California Assembly to oppose AB 450 which will be considered within the next week.
Specifically, AB 450 sponsored by Assemblymember Yee criminalizes the sale or rental of video games to minors that contain vaguely defined "violent" material and would require retailers to place custom warning labels on any games containing such content. This legislation treats video games differently from any other form of media.
Video games are an expressive medium worthy of the same constitutional free speech protections as movies, books, music and art. Attempts to regulate video game content or a consumer's access to the creativity and expression contained in video games, as provided in this bill, would run afoul of constitutional protections. It also subjects the video game industry to regulations that could impair its ability to compete in the marketplace as well as hurt an industry that directly and indirectly employs many people in California. Virtually identical legislation has been declared unconstitutional in the Seventh and Eighth Circuits Court of Appeals and the U.S. District Court in Washington State.
Please call, email, fax or write your Assemblymembers in opposition to this legislation as soon as possible and encourage your colleagues to contact their respective Assemblymembers as well. Below are the key points that should be conveyed to Assemblymembers. You can also use the provided draft letter should you opt to send a letter or fax:
http://www.igda.org/censorship/CA_ab450_letter.php
Finding your Assemblymember is easy, jump online and type in your zip code and it will provide the name and contact information for your Assemblymember:
http://www.leginfo.ca.gov/yourleg.html
Time is of the essence so please act immediately. Thanks!
Key Points:
- No other entertainment industry's products are regulated by the state, even though other media have controversial content. There is no basis to treat video games differently from other media.
- AB 450 is unconstitutional. Three federal courts have already struck down similar state and local statutes. Thus, it will not help a single parent do their jobs better.
- AB 450 is unnecessary. Retailers accounting for 90% of video game sales are voluntarily implementing programs to prevent sales to minors of Mature and Adult Only video games. These efforts are beginning to work and there is no need for the state to intervene.
-The FTC reports that parents are involved in the purchase or rental of eight out of ten games. In other words, rather than unconstitutional laws the state would do better to focus on programs to educate parents about video game ratings. The State did exactly that a year ago when it enacted a law to require retailers to post signage about video game ratings.
- The bill not only regulates video games but also indirectly regulates the film and music industries. Many musicians rely on games to debut their music and reach fans, and movie studios and game companies work closely together to create products based on one another's releases.
- The video game industry has created a successful self-regulatory program to rate its products through the Entertainment Software Rating Board. The ESRB provides consumers with information about the age appropriateness and content of video games. Peter Hart Research found that parents overwhelmingly agree with the accuracy of ESRB ratings.
- Given how vague and broad the bill's language is, it could have a chilling effect on game development in California. Game creation is a massively complex mix of science and art. From software engineers to script writers to animators to music composers, every video game is a form of creative expressive speech fully protected by the First Amendment.
For further details/news, check out:
Gory Games and Free Speech
http://www.latimes.com/news/opinion/la-ed-games20may20,0,616262.story
California Game Restrictions Bill Stalls Before Passing Committee
http://www.gamasutra.com/php-bin/news_index.php?story=5441
California lawmaker unveils new game legislation
http://www.gamespot.com/ps2/action/manhunt/news_6118860.html
Legislative info: Assembly Bill 450
http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_450&sess=CUR&house=A&search_type=bill_update