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Failure of governance: The regulation of video games photo

Look, I rarely drink. Being the happy go lucky lad that I am, I also don't usually pay much attention to polititicans, lawyers, or even public service announcements for that matter. However, sometimes an article will land in my virtual lap and I have no choice but to pass it on to you fine folks. In essence, it is my civic duty.

Such is the case of the latest entry from Mark Methenitis's The Law Of The Game blog, a sort of social commentary on video game life as we know it -- from a game playing attorney's vantage point. 

In his most recent commentary, titled Video Game Regulation Is Just Poor Governance, Mark continues to debate the hot topic that just won't fade away. With all the negative media attention that video games continually attract (Thanks in no small part to crusaders of the uninformed such as Jack Thompson), just who exactly is to blame?

The answer possibly awaits, after the jump.               

If you ask Mark, the government itself, is part of the problem. In an attempt to feign the appearance of being helpful, they just might be doing more harm than good. 

Why do politicians gravitate to these non-issues? The simple answer is to placate the reactionary, uneducated voter. Moreover, it makes these government officials appear to be protecting the public when they are in fact allowing parents to scapegoat an easy target. No parent wants to admit they are failing their child, but to be perfectly honest, most of them are not paying nearly enough attention to their child's media consumption. In fact, if they took the time to pick up the box and look at the rating, even that would be a substantial step in the right direction. This is not a complex issue, and it is one that has worked in both the movie and television industry. Game ratings are no different.

Rather than wasting an absurd amount of taxpayer money re-regulating a self-regulated industry and litigating issues that have been previously struck down, the government should be trying to help the public become educated and learn to take personal responsibility for their actions. The courts have done their part in striking down these unconstitutional restrictions on speech, but free speech has never been the reason I see these regulations as so absurd. To me, reactionary politics is a perpetual waste of time and money that could be avoided with reasonable discourse and personal responsibility.

So the real question is, What do we do about it? I thought you'd never ask.

Of course, if the video game lobby was not eons behind certain other industries, more reasonable solutions such as these may already be on the table. I would have thought the history of the ESRB would have been enough impetus to increase the lobbying presence, but it took the upheaval brought on by recent events to get the ball rolling, so to speak.

My great hope is that excessive government entanglement will be avoided, lest we repeat history. While I don't believe ten year olds should be able to freely access M-Rated games, I do believe parents need to take more responsibility for their children. We have survived the printed word, the radio, and the motion picture without excessive government action to "protect" us from the media. We will survive the video game just the same.

As Mark has shown, the video game industry needs to start an aggressive push to lobby our cause. Parents need to continue to keep themselves abreast with what games are suitable for their children -- and enforce those ratings in the home.

Most of all, we the gamers need to not only continue to fight legislation and ideas that would lead us one step closer to the failed path of prohibition, but to continually point out the great things that come out of video games --  that are often overlooked. As much as we would like to sit back on our haunches and watch the spectacle from afar, we have much work to do.

[Via Law Of The Game


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19 comments | showing # 1 to 19

jerrt's Avatar
jerrt at 05/25/2007 11:50
the one upside that i can see down the road [sadly, maybe a bit too far] is most kids that are gamers today aren't stupid/crazy they will eventually grow up and be adults that play games and have normal lives. they will have kids and these adults will have grown up knowing what they feel is right for their kids to experience. they will be better at not caving in when their child throws a fit, and they will care enough to be responsible. thus meaning the problem is solved: parents do their job and control and understand what their kids are introduced too. {at least a little better}



wow, i live in my own little world don't i?
Gameboi's Avatar
Gameboi at 05/25/2007 11:55
@jerrt

Correct.Even better is the fact that todays gamers are tomorrows politicians and lawmakers. We will survive.

It is our destiny...
brad drac's Avatar
brad drac at 05/25/2007 12:09
-> jerrt: I disagree entirely. While it's true that due to increased cultural awareness of the medium of gaming, its position as a scapegoat will die along with the baby boomers, I definitely don't see the future as a haven for good parenting. If the trend currently happening continues along the same road, parental responsibility can only go further out the window. More and more parents are using more and more excuses as to why their kids fuck up, even more disturbingly to me, more and more are medicating their own kids when there is nothing actually wrong with them, and all they need is somewhat different treatment from the "normal" way kids are brought up. The worst thing about it though is that mainstream media is, in their eternal soulless quest for ratings, not only condoning this parental malpractice, but positively glorifying it.

Shit... Any time I think about society, I just end up making myself depressed.
Zaron's Avatar
Zaron at 05/25/2007 12:34
Brad drac is right, there is a steadily growing trend to avoid good parenting in favor of putting the responsibility on things like the government, medication, and entertainment. There is a very real threat here, but it's not video games themselves. It is parents' dependence on things like video games as a scapegoat.
jimjo's Avatar
jimjo at 05/25/2007 13:01
Simple solution, treat M rated games like tobacco, if you get caught selling to minors $5000 fine a possible loss of your license to carry M-A rated games and your job.Its harsh but I still get carded for smokes and im going to be 28 this year.

And this way if a parent does buy their kid an M rated game they would be held fully responsible in the event their child does grevious harm to other individuals.

The labels have been there for years, it's time to enforce them and hold those accountable who dont.
TheStripe's Avatar
TheStripe at 05/25/2007 13:32
The lack of self-responsibility extends so much further than parents, but the parents get most of the attention because children are so precious and innocent. It's a politco's wet dream, being able to protect all those poor innocent souls from the evil savagery of *insert bad things here*. No wonder JT gets a raging hardon whenever a new violent game comes out. It's his opportunity to be fucking superman for the "least-responsible" generation. Apparently that's what passes for greatness, these days.
Bloodborne's Avatar
Bloodborne at 05/25/2007 14:16
@jimjo

The only problem with that thinking is that games have time and time again been proven to be consitutionally protected free speech. As such, the government cannot make any law in regards to regulation (like fines for sales to minors, etc) or practice. I think there have been laws drafted up that are very much to the effect of what you are saying, but they have been tossed out.

The only solution is for parents to smarten up and for the games industry to educate the public about the ESRB. You simply cannot legislate parental responsiblity, and make it work.
Mobius's Avatar
Mobius at 05/25/2007 14:31
I can already see the final boxart of Manhunt 2 :
A big "AO" logo taking all the front of the boxart, and at the lower left side, a small images showing an artwork with the title of the game...

More seriously, I agree with Bloodborne : The only way to make things change is to bring knowledge to people, and not otherwise; even though "M for Mature", "Adult only" and the age are enough...
jimjo's Avatar
jimjo at 05/25/2007 15:15
@bloodborne

well said cant argue with that one, just hope one day they'll point the finger at joe parent
Mxyzptlk's Avatar
Mxyzptlk at 05/25/2007 15:44
It's a good thing comic books and rock & roll had large lobbying groups, otherwise they would never have survived. Other than the ridiculous notion that Washington needs more lobbyists rather than less (not surprising coming from an attorney), the rest of the guy's post is Captain Obvious material.
bleep's Avatar
bleep at 05/25/2007 18:24
A video game detailing the requirements of parenting should be created and included with every M rated game on the market. Unfortunately I think Parents in this country are on the whole totally shitty and as the messages from the TV and internet become stronger and more repetitive Partents influence over their children will become less important....
OH I JUST THOUGHT OF THIS: what about a video game where you're amish and you go around doing mundane things!! it could be for the Will and you will use the Wiimote to milk the cow and make the cheese!!!! w00t
bleep's Avatar
bleep at 05/25/2007 18:25
be for the WILL???? the Wii of course!
brad drac's Avatar
brad drac at 05/25/2007 18:52
-> bleep: You just described harvest moon, but with beards.
Ninjajuice66's Avatar
Ninjajuice66 at 05/25/2007 19:03
If it has ZZTop I'm sold.
bleep's Avatar
bleep at 05/25/2007 22:21
@ brad drac:
Oh crap you're right I forgot about that game....man it suxass....
but with the wiimote it could find new life, especially in the "old people who enjoy reliving their childhood through mundane video games" demographic!
Alaphic's Avatar
Alaphic at 05/25/2007 23:24
@brad drac
i really didn't get the feeling that anyone's expecting future generations to be better parents. it's just that in the future video games will be just another acceptable cultural phenomena, and we can move our attention over to the Japanese tentacle rape cabinets our children will smuggle into the house under the guise of WoW2 VR-cases.

i probably just took that a little too far, but you get the idea.
Iceciro's Avatar
Iceciro at 05/26/2007 09:04
If my daughter snuck in a tentacle rape cabinet, I would have to destroy it before my wife figured out how to get in.
TheStripe's Avatar
TheStripe at 05/26/2007 09:41
@Ice - ?!

@Alaphic - I do think parents are going to get better in terms of responsibility. I think that the young adults of this generation are seeing what a bloated monster the blame game causes, and might actually learn to take some credit for the big fucking mess this country is in. Until we start taking responsibilty, none of these problems are going away. I think it would be nice if whatever the next big development in media is (think ractives from Stephenson's [u]The Diamond Age[/u]) that we as a society immediately see that the right to create violent or sexual works is protected by the bill of rights and that the way to protect your children from them is to PROTECT YOUR FUCKING CHILDREN, instead of asking the government to do it for you, because you understand that they can't.
TheStripe's Avatar
TheStripe at 05/26/2007 09:42
@Ice - Sry, I missed that part of Alaphic's post, and I had no idea how tentacle rape made it into this post.
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