Australia’s Classification Board wants to extend its sphere of influence to mobile applications.

Classification Board Director Donald McDonald (left) has written to Commonwealth Censorship Minister Brendan O'Connor on the issue and also relayed his concerns to a Senate Estimates Committee, expressing his unease that:

Some so-called mobile phone applications, which can be purchased online or either downloaded to mobile phones or played online via mobile phone access, are not being submitted to the board for classification.

The delayed rating of World of Warcraft down under—it took five years for the title to receive a rating—apparently spurred McDonald’s interest in rating mobile content, reports Australia’s ITnews.

A Classification Board spokesperson clarified that McDonald’s rating talk was referring only to “mobile applications which are computer games.”

Apple currently governs its own content on iTunes, but said that if changes needed to be made, “We do what the Australian Classification people tell us to do.”

In rating any mobile content, the Classification Board said it would “apply the National Classification Code, the Classification Act, and the Guidelines for the Classification of Films and Computer.”

|Via Edge-Online| Thanks Ryan

The British Board of Film Classification has bestowed an 18 (Adult) rating upon Grand Theft Auto: Episodes From Liberty City, the bundle which features both The Ballad of Gay Tony and The Lost and The Damned.

In doing so, their report contains a few spoilers from both games, which we won’t detail here. The BBFC noted that “at least four uses of very strong language that crop up in some of the cut scenes” bounced the rating up from 15 to 18. “Strong sex and violence and hard drug use” also contributed to the higher mark.

There is also sex scenes, which are “quite strong, but always masked and the characters concerned are invariably fully clothed (no nudity).” Portrayals of cocaine, in addition to references to drug trafficking, are also spread liberally throughout the game.

Additionally:

“There are blood spurts as people are shot and stabbed etc. and pools of blood form on the ground. However, there is never any discernible injury detail and it is not possible to inflict post-mortem injuries, although there is considerable ragdolling as dead bodies are shot.”

Click through to see the whole BBFC report, and don’t worry, sections that contain spoilers must be expanded to be read.

|Via EuroGamer|
 

Via Gamasutra comes news that the Australian Government has refused to classify Valve Software’s multiplatform follow up Left 4 Dead 2.

Electronic Arts applied for the rating and was issued a classification of “RC,” for Refused Classification, meaning the game will have to be heavily modified to have any chance of being released in Australia. The ruling (PDF) stated:

These close in attacks cause copious amounts of blood spray and splatter, decapitations and limb dismemberment as well as locational damage where contact is made to the enemy which may reveal skeletal bits and gore.

Australia’s videogame ratings comprise four categories: G (General, very mild content), PG (Parental Guidance Recommended, mild content), M (Mature Audiences, moderate content) and MA15+ (not suitable for people under 15, strong content).

The original Left 4 Dead garnered a MA15+ rating in Australia.

As GamePolitics noted last week, the Federal Communications Commission has floated the idea of a universal content rating system which would span various forms of media, including video games.

While lobbying group ESA quickly raised objections to the concept, the video game industry did quite well in an FCC report on parental controls issued to Congress on Monday. GameCulture has more:

Members of Congress who will receive the FCC's report will find almost nothing negative about the game industry's handling of parental control technology and ratings. Common Sense Media's concern about unrated online content and user-created content is noted but countered by the ESA, which points out that "no rating system or control device can anticipate the extemporaneous world of the Internet..."

While the FCC says it intends to launch a Notice of Inquiry specifically for games, this first round is a clear victory for the industry.  At this rate, even if regulators decide to pursue a "universal rating system," it could end up looking a lot like the system developed by the ESRB.

Take-Two Interactive announced yesterday that it has reached a $20 million settlement in a class-action lawsuit filed over the 2005 Hot Coffee scandal.

Although T2's press release is regrettably light on details, securities are mentioned, indicating that  this case is related to loss of equity value caused by Hot Coffee and its fallout.

Venture Beat has dug up a link to the complaint, Feninger vs. Take-Two. Kotaku offers an explanation of the details:

The nut of the allegations contained in the 34-page suit, is that Take-Two was spending more than it was bringing in and couldn't survive until the next Grand Theft Auto. So, the suit alleges, the company pushed Grand Theft Auto: San Andreas out the door knowing that there was pornographic material in the game because delays would have cost the company too much. If the material was known to be in the, the suit continues, major retailers wouldn't have sold it.

The outcome, according to the suit, was inflated stock prices based on bad or uninformed information from the company and a plunge in stock values when the truth came out.

The suit also alleges that Take-Two lied about the included sex scenes, nicknamed Hot Coffee, when they first came to light, with the company the scenes were "the work of a determined group of hackers who have gone to significant trouble to alter scenes.'"

GP: We should point out that, as the record shows, the notion that Take-Two lied about the origin of the Hot Coffee scenes is a fact, not merely an allegation. In one the sleaziest moves ever seen in the game biz, Take-Two tried to pin the rap for the hidden sex scenes on its biggest fans, the GTA mod community. To be fair, there was a different management team in place back then.

Late last week the Federal Communications Commission announced that it would look into the potential for a universal content rating system to span various forms of media.

Hal Halpin (left), president of the Entertainment Consumers Association, has now weighed in on the topic:

Like the respective trade associations which represent the entertainment industry’s various media, we were surprised to hear of the FCC’s interest in exploring the possibility of a universal ratings system. It is odd that video and movies were not included, which would have then been encompassing and more valuable to consumers, in theory.

 

As for if the ECA is in favor of such an endeavor, it would be too early to speculate, not knowing anything more than the cursory details. Our position remains that we fully support the ESRB and believe it to be an important component in the product purchasing process.

FULL DISCLOSURE DEPT: The ECA is the parent company of GamePolitics.

The Federal Communications Commission will evaluate the potential for a single content rating system that would span various forms of media, including video games, movies, TV and music.

Bloomberg reports that the FCC will study the issue at the direction of Congress:

The FCC action follows congressional queries into whether children are harmed by inappropriate content, such as sex, violence and obscenity. Senators want to know whether revisions are needed to the law to protect children, said Senator Jay Rockefeller...

FCC Chairman Julius Genachowski told Congress in July he was “hopeful that the evolving media landscape” will enhance parents’ power “to pick and choose” what their child sees and hears.

Not surprisingly, game publishers lobbying group ESA is opposed to the idea. Kotaku has comment from ESA VP RichTaylor:

The ESA appreciates the FCC and its important role. However, the ESRB rating system is considered by parents, family advocates, the Federal Trade Commission, and elected officials as the gold standard in providing caregivers with the information they need to make the right choices for their families. Universal ratings will, in the end, only serve to confuse consumers, violate the Constitution's first amendment, and are a solution in search of a problem.

Despite the stunning revelation of a bureaucrat screwup that invalidates 25 years' worth of game and movie content rating enforcement in the UK, all parties in the game supply chain have agreed to proceed as if the law was still in effect.

The British government is expected to fix the loophole, which dates back to the Maggie Thatcher era, later this year.

As reported by gamesindustry.biz, members of the UK's Video Standards Council have agreed to continue enforcing ratings. VSC exec Laurie Hall explains:

All sectors of our membership, whether they are video distributors, videogame publishers or entertainment retailers have confirmed that they will continue to conduct their businesses as usual.

Whatever the position of the law is at present our members will continue to operate as if it was mandatory. So far as videogames are concerned they have been acting upon this basis under the Pan-European Game Information (PEGI) system for quite some time.

As noted by Joystiq, the ESRB is currently listing the upcoming PC version of Manhunt 2 with an Adults Only (AO) rating.

GamePolitics readers will likely recall that the console versions of Manhunt 2 generated a major controversy in the summer of 2007 when the game was banned in Britain and tagged with an AO here in the States. Rockstar subsequently released a toned-down version that earned an M (17+) rating for the U.S. market.

That was a critical milestone, because the Big Three console makers won't license AO-rated games for their systems, which makes it tough for a publisher to earn a return on its investment. That's why you don't see any AO-rated console games. While the open architecture of the PC negates licensing concerns, an AO-rated Manhunt 2 would still get thumbs-down from major retailers like GameStop and Wal-Mart.

That means that Rockstar is either planning a digital distribution campaign for Manhunt 2 or that it will edit the PC version - as it did with the console editions - to earn an M from the ESRB. Of course, there is a third scenario: Rockstar could ship an M-rated version to retailers while distributing an AO-rated version online.

We wonder how Valve might react to handling an AO game if its Steam service, which currently distributes Rockstar's GTA IV online, is under consideration as a potential digital distribution source for Manhunt 2.

In the UK, 25 years worth of government enforcement of content ratings for video games and films has been found to lack the required legal basis.

As reported by politics.co.uk, the Maggie Thatcher regime failed to notify the European Commission regarding the 1984 Video Recordings Act, thus invalidating the law.

In the UK, unlike the United States, content ratings have the force of law and those who sell adult-rated games or movies to minors can be charged with an offense. The oversight was discovered recently by the British government's Department for Culture Media and Sport.

A representative of the UK's Entertainment Retailers Association expressed amazement at the news:

This is extraordinary. For 25 years retailers have been faithfully administering the system and now this happens.

Meanhwile, Liberal Democrat Don Foster seized the opportunity to criticize Conservative Party leader David Cameron:

This must be a massive embarrassment to the Tories, especially as David Cameron was the special advisor to the Home Secretary in 1993 when the law was amended.

However, Conservative Jeremy Hunt pointed the finger of blame back at the Labor Government:

Much of the problem would have been avoided if they had sorted out the classification of video games earlier, as we and many others in the industry have been urging them to do.

Game publishers lobbying group ELSPA has counseled its members to proceed normally and offered to help the government fix the mistake. As reported by gamesindustry.biz, ELSPA boss Michael Rawlinson said:

The discovery that the Video Recordings Act is not enforceable is obviously very surprising. In the interest of child safety it is essential that this loophole is closed as soon as possible.

In this respect the videogames industry will do all it can to support and assist the government to that effect. ELSPA will therefore advise our members to continue to forward games to be rated as per the current agreement while the legal issues are being resolved.

Theoretically, at least, unscrupulous sellers have a 90-day window to peddle adult content to children. It will take the government at least that long to push through a revision to the VRA.

In recent times, Germany has become Ground Zero in the debate over video game violence.

Consider that the German Parliament is expected to consider a total ban on the production and distribution of violent games next month. Meanwhile, top-tier developer Crytek (Far Cry, Crysis) has threatened to relocate out of the country if the ban becomes law.

In the latest development, EA exec Gerhard Florin (left) has called for Germany to drop its USK content rating system in favor of the PEGI system, which is widely in use in other European nations. Said Florin:

What we're doing here [with USK rating] is censorship. And no one complains. When we talk about games here it's about violence or their alleged addictiveness, and not about their cultural status. The few good studios are asking themselves why they should stay here anyway.

USK boss Marek Brunner took issue with Florin's criticism:

It's hard when half-truths are being used. They say the USK does this wrong, the USK does that bad and why doesn't this get a rating?

Brunner noted that other government bodies influence the type of game content which can be sold, including the Federal Department for Media Harmful to Young Persons and the criminal courts.

Via: gamesindustry.biz

Yesterday, GamePolitics reported on Risen, the latest game to fall victim to Australia's outdated content rating system. The RPG, currently in development by Piranha Bytes, was refused classification for the Australian market, largely because Down Under lacks the equivalent of the ESRB's M (17+) rating.

The situation frustrates Tom Crago, who heads the Game Developers Association of Australia. Crago spoke to itwire about his concerns:

Well it’s a joke isn’t it?  We are once again caught in this awful, ridiculous web of the antiquated classification system...  Here in Australia the sooner that changes, the better; it is obviously a battle to ensure common sense prevails.  We will get there eventually, but in the meantime as gamers in Australia we suffer, and to be honest we are embarrassed at how backward our government is...

The biggest problem we have here in Australia is that we don’t have an R classification for video games...  It’s ridiculous because it assumes that games are fundamentally different to film and outrageous in that it assumes that adults shouldn’t be allowed to access adult content in video games... 

We are the butt of a lot of jokes; I travel, obviously a lot, talking to other developers and publishers and people cannot believe it that we still have this ridiculous system here in Australia, designed twenty or thirty years ago, and hasn’t changed since...

[South Australian Attorney General Michael Atkinson] is of course the problem... clearly this is a guy that doesn’t get it, and to be honest, I don’t think, ever will get it...

British publisher Imagine routinely includes ads for pornography and sex chat services in the back of their video game magazines, according to a report at Overclock3D.

There, a UK man writing under the name "mayhem" describes sending his 8-year-old daughter out on a secret shopper mission to see whether she could purchase video game magazines containing such ads:

My 8 year old daughter walked in... On the lower shelf she picked out several magazines including Play (a Sony PlayStation 3 Magazine) and 360 (a Microsoft Xbox 360 magazine) both of which are published by Imagine Publishing. Neither of these titles had an 18 or 15 certificate on them. She also picked up several Future Publishing magazines and Dennis Publishing magazines.
 
She then proceeded to the check out were a young girl of about 19 years old had a quick look at the magazines and then scanned them in. My daughter then handed over the money and then walked out after saying thank you, and handed the magazines to me.
 
After a quick look through all the magazine I found that only Imagine Publishing had any sort of pornography contained within them...
 
So over all its been a interesting day finding out that such a major publisher (Imagine Publishing) has no morals when it comes to making money, even if it means serving up pornographic content to children that may read their magazines...
 

Via: fidgit

The upcoming role-playing game Risen has become the latest victim of Australia's flawed game content rating system.

Refused Classification reports that Australia's classification board has declined to assign a rating to the game, which is being developed by Piranha Bytes. The board's action makes Risen the third game of 2009 to be RC'd Down Under; the others are 1C's first-person shooter Necrovision and something called Sexy Poker.

In the U.S. market, Risen has been rated M (17+) by the ESRB. Australia, however, has no rating higher than MA15+, which means that any title judged not suitable for a 15-year-old is effectively banned. Australian gamers have been lobbying their government unsuccessfully for an R18+ rating for several years.

The classification refusal might not be the final word, however. Risen could be edited by its creators enough to slip by Australian censors. This approach has worked for other games, most recently Necrovision.

Risen is scheduled for October release on Xbox 360 and PC. The website R18+ is a useful source for information about the ongoing Australian content rating debate.

It was 15 years ago today that the video game industry introduced the ESRB rating system to Congress, reports Wired's This Day in Tech blog.

The move came in the wake of Congressional criticism of game violence, particularly the original Mortal Kombat, which seems laughably tame by today's standards. Wired's Chris Kohler writes:

The [Congressional] hearings were largely a response to the popularity of... Mortal Kombat...

Nintendo chairman Howard Lincoln and Sega vice president Bill White took potshots at each other during the hearing. Lincoln said that the Sega CD game Night Trap, another photorealistic, occasionally violent game that the company had rated MA-17, “simply has no place in our society” and testified that “small children” had bought it.

Meanwhile, White’s position was that Sega was more responsible than Nintendo, because his company had [its own] rating system in place...  [Connecticut Sen. Joe] Lieberman would later express his shock that the two executives went after each other with such ferocity.

Lieberman's threat to regulate game content via legislation persuaded the game biz to get its act together. The IDSA (now known as the ESA) was formed and quickly set up the ESRB, which went into operation on September 1st, 1994.

Labour MP Keith Vaz (left), a longstanding critic of the video game industry, is apparently lending his support to the use of PEGI as the UK's sole rating system.

At least, that's the word from ELSPA. A press release issued today by the UK game publishers group reports on a "quick meeting" between ELSPA boss Michael Rawlinson and Vaz:

London, United Kingdom – 24 July, 2009: ELSPA’s Director General, Michael Rawlinson, met with Keith Vaz MP this week. During the meeting the Home Affairs Select Committee Chairman made it clear he supports the single rating system being introduced for videogames and also commended the improvements to PEGI.
 
“We had a quick meeting with Mr Vaz and he made it apparent that he believes it is important to have a single, rather than a confusing dual, rating system in the UK,” said Michael Rawlinson. “Mr Vaz added that he was keen to see the changes being made to the PEGI system and acknowledged the UK games industry’s commitment to an advertising and education campaign around the new age symbols and content descriptors when they are introduced to further protect players.”

"Quick meeting" leaves a lot to the imagination: Hallway? Elevator? Men's room? We've asked ELSPA for clarification and whether we can expect any type of announcement in which Vaz states his position for himself.

The British government will establish a "video games committee," reports MCVUK.

The concept for the new group came out of a meeting last week between representatives of UK game publishers' group ELSPA and Siôn Simon (left), the government's new Minister for Creative Industries. The committee will have representatives from a number of British Cabinet offices, including the Departments of Culture, Media and Sport, Business Innovation and Skills, Health, the Home Office and Children, Schools and Families.

ELSPA head Michael Rawlinson told MCVUK that he was encouraged by the decision to create a video game-specific government committee:

The news was indeed upbeat. The Minister assured us that the Government is confident of being able to introduce pro-PEGI legislation before the next election.

We also covered the other hot topic of the moment: tax breaks for the industry. Siôn Simon confirmed that the Treasury is now open in principle to the idea of tax breaks for the country’s video games industry.

But endlessly calling for tax breaks is not enough. What is obvious is that hard evidence has so far been very lacking so the Minister has now asked ELSPA to help further the debate by furnishing that evidence. This, of course, we are happy to do.

In Parliament yesterday, longtime video game industry critic Keith Vaz (Labour) quizzed Siôn Simon (left), Parliamentary Under-Secretary, Department for Culture, Media & Sport about PEGI ratings and the controversial Japanese game RapeLay.

Conservative Mark Field jumped in on the topic, appearing to suggest the pursuit of a global content rating system for video games. Surprisingly, Simon said that the UK's recent adoption of the European PEGI system was viewed by the Gordon Brown government as "the building block to moving towards a global regulatory future."

The conversation went something like this:

Keith Vaz: What recent discussions has [Simon] had with pan-European game information on the age classification of video games?

Siôn Simon: I have spoken to the Video Standards Council—the current UK agents for the PEGI system—about the classification of video games and have another meeting scheduled with it very soon. I have also had discussions with the British Board of Film Classification. Both organisations are working hard to ensure the success of the new system.

Keith Vaz: I thank the Minister for his answer and welcome the steps that the Government are taking on this issue. However, it is still a matter of concern that a game such as "RapeLay", which shows extreme violence against women, can be downloaded from the internet. What steps are the Government taking to ensure that such games are not accessed from the internet, so that children and young people are properly protected?

Siôn Simon: We should be clear that [RapeLay] was not classified, but was briefly available on Amazon and then was banned. The point that my right hon. Friend is making is about games that, like other brutal, unpleasant, illegal content, can be available on the internet. All steps that apply to any other content on the internet will apply to games. Specifically, as part of the Byron review we set up the UK Council for Child Internet Safety to work with content providers, internet service providers and all aspects of Government to make sure that such content cannot be accessed, particularly by children.

Mark Field: The Minister will know that Britain is a great leader in video and computer games, and while I take on board many of the concerns expressed by Keith Vaz, will the Minister recognise that this is a global industry, not simply a European one, and in so far as we are going to have the safeguards to which the right hon. Gentleman refers, we will clearly also need to have global regulation along those lines?

Siôn Simon: The system of regulation for which we have opted—the PEGI system—is pan-European, and as such, we see it as the building block to moving towards a global regulatory future. The key principle is that the markings on games should make it clear to parents which games are suitable for adults and which are suitable and unsuitable for children and young children. Adults should be allowed to access adult content; children most certainly should not.

GP: Readers, what do you think of the idea of a global content rating system? Is it even possible? If so, is it desirable?

Source: They Work For You

Alabama Attorney General Troy King (R) has become the latest high-ranking state official to endorse the video game industry's content rating system.

In a press release issued yesterday, King announced a public service ad campaign designed to raise parental awareness of the ESRB rating system. The PSAs featuring King will air on radio and TV.

The A.G. commented on the campaign in yesterday's press release:

I know parents face tough decisions these days about the media they allow into their homes. There’s simply no substitute, though, for parental involvement and responsibility, and it’s important that parents play an active role in choosing games for their children. ESRB ratings are an effective and informative resource that allows parents to decide if the video game their child wants is appropriate, and rating summaries provide even more insight into exactly what a parent would want to know about in a game. I’m proud to be educating parents in our state about the tools at their disposal.

As GamePolitics has noted in the past, such campaigns are a sweet deal for the politicians involved. The ESRB picks up the cost of production for the spots and elected officials get a chance to show voters that they are concerned about children.

Readers can see King's PSA (as well as those made by other political figures) at the ESRB website.

Michael Rawlinson (left), who heads British game publishers group ELSPA, details his organization's new - and apparently successful - approach to dealing with the U.K.'s government bureaucracy in a guest column for MCVUK.

Despite some difficult recent years in which most of the political dialogue on video games in the U.K. involved criticism of game violence, the British game biz has scored some big wins of late. Most notable among these was the government's recent adoption of the PEGI content rating system favored by the industry.

At its core, ELSPA's strategy seems to involve working both harder and smarter. Rawlinson writes:

PEGI’s ascent to becoming the sole ratings system for games was a momentous achievement for the industry – and just goes to show how we can really get the Government’s attention when we get our approach right.

 

We’ve deliberately become more professional in terms of our dealings with Government. We’re strategically planning what we do – we don’t just bowl up to meetings, answer questions then leave.

We not only had to convince Government... we also took our arguments much wider, taking in the whole of Westminster, as well as the devolved parliament in Scotland and the regional assembly in Wales as well as the European parliament. Retailers, children’s charities and more were also covered. All of these groups had different needs we had to meet...