Retailers really rate
May 9, 2008

With Grand Theft Auto IV’s $500 million one-week take at the top of the news, U.S. Reps. Lee Terry (R.-Neb.) and Jim Matheson (D.-Utah) introduced the Videogame Ratings Enforcement Act, which would require ID checks for purchases of games rated M or AO “in order to keep inappropriate games from being sold to children.” It would also compel retailers to post ratings system explanations in the store. Retailers found in violation of either requirement would face a $5,000 civil penalty.

Nine similar bills have been overturned on First Amendment grounds by federal courts this decade, notes Sean Bersell of the EMA. “If the Matheseon/Terry bill were enacted,” he says, “there is no doubt it would meet the same fate.

The good Congressman believe their law is different, however, because it doesn’t attempt to legislate content--only to ensure that retailers educate shoppers about and enforce the videogame ratings own standards.

Gentlemen, those would be voluntary standards. Just like the voluntary ratings standards applied to movies and music as well.

Also last week, the Federal Trade Commission released the results of its latest undercover shop of movie theaters and stores that deal in videogames, movies and music. The FTC’s goal, as it was in previous mystery shops in 2000, 2001, 2003 and 2006, is to determine the extent to which retailers prevent unaccompanied kids (13-16) from purchasing movies, music and games rated as inappropriate for them (R-rated movies and DVDs, unrated DVDs, M-rated videogames and CDs with a Parental Advisory Label).

The FTC’s conclusion: that it’s increasingly difficult for children to buy M-rated games. Only 20% of young shoppers were able to buy M-rated games, down from 42% in 2006. Specialist GameStop did in fact stop 94% of underage shoppers form purchasing the games.

Ratings enforcement for PAL CDs and R-rated DVDs was also improved, but not to the level of games enforcement. Kids were able to buy R-rated DVDs and PAL CDs about half the time, but in 2006 they got the DVDs 71% of the time and the CDs on three out of four attempts. (The FTC also measure access to Unrated DVDs, but I have a problem with that. What rating is it that the retailer is supposed to enforce?)

In DVD and music ratings enforcement, retailers have a ways to go. Enforcement was inconsistent across chains, with TransWorld, for example, allowing kids to purchase R-rated DVDs more than three quarters of the time they tried, but Wal-Mart letting only 25% of kids get through checkout with the goods.

Nevertheless, the improvement made by retailers should show that legislation is unnecessary. “It represents almost a perfect reversal from the first FTC “undercover shopper” survey in 2000,” noted Bersell.

Posted by Marcy Magiera on May 9, 2008 | Comments (0)