CO1301: Games Concepts

1. CO1301: Games Concepts Lecture 15 Censorship & the Rating System Dr Nick Mitchell (Room CM 226) email: npmitchell@uclan.ac.uk Material originally prepared by Gareth Bellaby

2. References • UKIE: http://ukie.info/ • PEGI: http://www.pegi.info/en/index http://www.pegionline.eu/en/index • BBFC: www.bbfc.co.uk • BBFC Student Resources: http://www.sbbfc.co.uk/

3. UK Law • 1959 Obscene Publication Act. "Obscene" material is illegal. "Obscene" – "deprave and corrupt". • Seller responsible for negligence - the game must be safe. • 1984 Video Recordings Act (plus later amendments). Imposed an additional layer of legislation. Applies to Games as well as film. • Must not cause "harm". "Harm" is not a scientific test, or proof of harm, but any harm in the eyes of a jury. • Some games are referred to the British Board of Film Classification (BBFC) and may therefore receive a BBFC rating.

4. PEGI Ratings System • Pan European Game Information (PEGI) • European (clue in the title!). • Voluntary. • Regional variation • Introduced in 2003. • Based on the film classification system. • UK is a participant in the PEGI system.

5. PEGI ratings • PEGI uses a system whereby anage rating is given: • PEGI 3+ • PEGI 7+ • PEGI 12+ • PEGI 16+ • PEGI 18+ • Criteria: • Type of violence. Graphic nature of the violence. Who the violence is directed at. • Bad language. • Nudity. Sexual content.

6. BBFC • British Board of Film Classification (BBFC) • Rating plus consumer advice • Video games are normally exempt from classification. • Publishers may voluntarily submit a game. • Games must be classified if they include sex, pictures of genitals or gross violence. • BBFC may refuse classification. This effectively bans the game from sale.

7. BBFC ratings • BBFC 15 • BBFC 18 • About 6-7% of the total games sold are referred to the BBFC. • See http://www.bbfc.co.uk/recent/videogames • There are PEGI rating for 16+ and 18+. However, games which would come under these ratings are generally rated under the BBFC system instead.

8. Overall Ratings • Figures from the Association for UK Interactive Entertainment - UKIE (Formerly ELSPA) (no year given) • http://www.askaboutgames.com/ • 3+ 48% • 7+ 5% • 12+ 26% • 16+ 13% • 18+ 4%

9. Content Descriptors • PEGI also includes content descriptors: Language Game contains bad language Discrimination Game contains depictions of, or material which may encourage, discrimination Drugs Game refers to or depicts the use of drugs Fear Game may be frightening or scary for young children Gambling Games that encourage or teach gambling Sexual Game depicts nudity and/or sexual behaviour or references Violence Game contains depictions of violence Internet Online game

10. Examples of PEGI Ratings

11. The UK Legal Situation • Illegal to buy a game if underage. • Not illegal to play a game if underage. • Not illegal to buy a game for someone else who is underage. • "Under the Video Recordings Act of 1984, legal penalties apply to retailers who sell BBFC rated products to consumers under the age for which they are intended. If convicted, they can face a £5000 fine and up to six months in prison." ELSPA

12. Byron review • Government intention is the BBFC to rate all games, with its rating on the front of the box. • Will leave UK out of step with rest of Europe. • Opposed by UK industry: • Duplication of PEGI. • Suspicion of BBFC. • Cost (payment to BBFC, general cost of two processes).

13. Europe • PEGI is European initiative. • Voluntary but most countries subscribe. • There are regional variations, e.g. BBFC in UK, some minor differences in age ratings for Finland. • Germany has a particular set of extra laws which developers need to be aware of. • Nazi symbols outside historical context are illegal in Germany. • Although allowed in historical context many developers just replace because of cost.

14. USA • Different kind of censorship to UK and the rest of Europe. • Entertainment Software Rating Board (ESRB) • ESRB Rating: • eC Early Childhood (3+) • E Everyone (6+) • E10+ Everyone (10+) • T Teen (13+) • M Mature (17+) • AO Adults Only (not minors) • Sometimes you will see RP before a game is released

15. USA • AO Examples from US: • Fahrenheit: Indigo Prophecy Director's Cut (titled Fahrenheit in UK) • GTA: San Andreas • Lula 3D • Manhunt 2 is rated M • Virtually all received the classification because of "Strong Sexual Content" • One for gambling. • Some other content cited for some games. • San Andreas was rated M, got re-rated AO

16. ESRB Content Descriptors • Alcohol Reference • Animated Blood • Blood • Blood and Gore • Cartoon Violence • Comic Mischief • Crude Humor • Drug Reference • Fantasy Violence • Intense Violence • Language • Lyrics • Mature Humor • Nudity • Partial Nudity • Real Gambling • Sexual Content • Sexual Themes • Sexual Violence • Simulated Gambling • Strong Language • Strong Lyrics • Strong Sexual Content • Suggestive Themes • Tobacco Reference • Use of Drugs • Use of Alcohol • Use of Tobacco • Violence • Violent References

17. USA - Sales • Sales through non-specialist outlets. • As a comparison think about selling through Tesco or Morrisons. • Large retail outlets such as Wal-Mart will not stock games rated M. • Reduced number of outlets will stock AO rated games. • So when San Andreas was re-rated from M to AO it simply reduced the number of sales outlets.

18. Evidence about the effect of games • Type of studies used, e.g. priming • Anecdotes are not evidence. • What studies exist are contradictory. • There are strong indications of bias in the reporting of studies.

19. Any evidence? • "The real puzzle is that anyone looking for research evidence could draw any conclusions about the pattern let alone argue with such confidence and even passion that it demonstrates the harm of violence on TV, in film/video and in video games. While tests of statistical significance are a vital tool of the social sciences, they seem to have been more often used in this field as instruments of torture on the data until it confesses something that could justify a publication in a scientific journal. If one conclusion is possible, it is that the jury is still not out. It's never been in. Media violence has been subjected to a lynch mob mentality with almost any evidence used to prove guilt". • Guy Cumberbatch, 2001 • Cited on www.elspa.com (ELSPA).

20. Violence • Video Games, • http://www.sbbfc.co.uk/documents/ • BBFCVideoGamesReport.pdf • There is evidence that parents take less account of the ratings for games than they do for films.

21. Violence • Most violence is symbolic. It makes no pretence to be real. • The player is vulnerable. The violence is not one-sided. The violence contributes to tension within a game. • Games are escapist. The violence sets the game apart from normal life. • Gamers report that the violence is make belief: "gamers seem not to lose awareness that they are playing a game and do not mistake the game for real life", Video Games

22. Manhunt 2 and BBFC • Game submitted to BBFC. • BBFC refused licence. 3 person panel. Appeared to have only watched video footage. No experience of games. • Appeal by Rockstar. • Video Appeals Committee. Played for one day, then listened to legal representation. Overturned ban. • BBFC submission made no appeals to evidence. Much play made of use of sound. Also appeal to lack of fantasy background.

23. Manhunt 2 and BBFC • BBFC then mounted a legal challenge to its own Committee. • The Video Appeals Committee had made an error in legal judgement by using phrase "devastating harm", and not "harm" so challenge successful. • Video Appeals Committee reconsidered and reiterated its overturning of the ban. • BBFC targeting of Manhunt seen as political.