The European Commission has published a Communication on the protection of consumers, in particular minors, in respect of the use of video games. This article reviews the communications in which the Commission has set out its expectations in respect of the video games industry and the duty of public authorities in EU Member States to improve upon existing measures protecting minors from harmful video games distributed in the European Union.
BACKGROUND
In 2002, the European Council published a Resolution on the protection of consumers through the labelling of certain video and computer games according to age group. The selfregulatory Pan European Games Information age rating system (PEGI) was adopted in April 2003 as a voluntary, selfregulatory system designed to ensure that minors are not exposed to games that are unsuitable for their particular age group. The system replaced a large number of existing national age-rating systems. The Commission’s Communication records the results of a survey conducted across all Member States to gather information and input for reporting in depth on trends in the protection of consumers in respect of video and computer games since the adoption of the Council Resolution. Questions covered age ratings, content rating systems, the sale of video games in retail shops, video game bans, effectiveness of current measures for the protection of minors, online video games and a cross-platform pan-European rating system.
AGE RATING/CONTENT RATING SYSTEMS
The survey revealed that the vast majority of EU Member States use PEGI, even if not all of these countries have specific legislation in place. In the United Kingdom, the computer games industry uses PEGI for most video games. Video games with material of a sexual nature, or portraying gross violence, are subject to the approval of the British Board of Film Classification (BBFC) which then awards age-related classifications that differ from PEGI. In France, PEGI is used to classify labelled video games, and recent amendments to French criminal law provide for age classification and labelling of video games according to age group. Belgium, Bulgaria, Denmark, Estonia, Hungary, Ireland, Spain and Sweden all apply PEGI, but have no specific legislation. Germany and Lithuania have specific binding legislation. In Germany, the self-regulatory PEGI system is not used; German law on the protection of young people includes specific measures for age rating and labelling of video games. Certain countries, including Cyprus and Slovenia, have no age or content rating system in place and no related legislation.
Thus, there is room for improvement with regards to the takeup of the PEGI system and the compatibility of applicable national provisions with PEGI.
SALE OF VIDEO GAMES IN RETAIL SHOPS
The Commission’s survey also revealed that half of the Member States have specific civil and criminal provisions concerning the physical sale of video games with content harmful to minors and there are various penalties to enforce these provisions. Member States aiming at or already using classification for distribution, circulation and advertising based on an age-content rating include Estonia, Germany, Greece Italy and the United Kingdom. France, Sweden and the Netherlands prohibit certain violent video games under criminal law, and, for lawful games, Swedish retailers have agreed to follow the PEGI rating system for sale. A number of countries, however, have no specific legislation governing the sale of video games. The Commission believes that the next logical step is a Code of Conduct for video games retailers. It refers, by way of example, to the U.S. system, marshalled by the Entertainment Software Rating Board (ESRB) which, with industry co-operation, advises parents and other consumers on rating matters. Consumers can report infringements to retailers and to the ESRB website.
BANS ON VIDEO GAMES
Only four Memb er States—Germany, Ireland, Italy and the United Kingdom—have actually banned certain video games. In the United Kingdom, the Manhunt 2 debate received significant press attention. In June 2007, the BBFC refused a certificate to Manhunt 2. This was overturned by the Video Appeals Committee and, notwithstanding a successful judicial review by the BBFC, the Video Appeals Committee upheld its own decision and the BBFC was forced to issue an 18 certificate. By contrast, in Italy, dissemination of Manhunt 2 was blocked in June 2007 by the Minister of Communications.
ONLINE VIDEO GAMES
The Commission’s survey revealed that the vast majority of Member States do not have specific legislation for online video games, like World of Warcraft, that allow players to interact with each other online. However, some do use PEGI Online and a number apply by analogy general and specific legislation concerning offline video games. In Ireland, for example, offline and internet video gaming activities are treated equally under the law and a hotline has been set up to report any illegal or harmful material on the internet. Overall, however, the Commission considers that additional efforts are needed with regard to online video games, in order to take account of their specificities. The Commission argues that a swift and effective mechanism for age verification is needed and particular attention should be paid to chat rooms.
A CROSS-PLATFORM, PAN-EUROPEAN RATING SYSTEM
The Commission notes that the majority of Member States favour cross-platform pan-European classification and that PEGI is considered both useful and feasible, with potential for further development. There is, however, resistance from France, Hungary and Portugal, all of which consider a crossplatform classification system impossible. These countries argue that different types of media need different conditions for dissemination and access and specific types of consumption require different classifications and regulations. Additionally, they regard different cultural and moral sensitivities as an obstacle to a single classification system. Germany, similarly, is happy with its own system. Nevertheless, the majority of Member States favour the promotion of self-regulatory and coregulatory systems. The UK system, as proposed, reflects the prevailing attitude.
CONCLUSIONS
The good news is that most Member States apply PEGI, the vast majority have related legislation and quite a number have recently improved their legislation or are in the process of doing so. Some Member States have even based this legislation on PEGI. A number of Member States have been found wanting, however, and those that don’t carry any agerating initiatives are urged to do so. Additionally, the majority of Member States do not have specific legislation for online video games although some consider the legislation of offline video games applies by analogy and some use PEGI Online.
Against this background, the Commission has now reached a number of conclusions and has made several recommendations. These include suggesting that Member States integrate into their national systems the information and classification systems under the PEGI framework and PEGI Online. Additionally, it calls upon the video games and consoles industry to improve the PEGI systems, in particular by regularly updating the criteria for age rating and labelling and advertising PEGI more actively. The Commission would also like to see further commitment to the offline retail side. It calls specifically for a pan-European Code of Conduct on the sale of games to minors and commitments to raise awareness of the PEGI system. Finally, it encourages Member States and all stakeholders to take initiatives to improve the media literacy applied to video games. Ultimately, the Commission is seeking harmony and consistency between systems adopted at national level. Whilst the attitude of certain Member States suggests that this is not entirely achievable, the United Kingdom should monitor closely and participate in the European developments to avoid adopting measures that are not more confusing or less workable than those adopted in other parts of the European Union.
