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"As a society, we've agreed
that children do not have a right to certain things that pose a risk
to their health or development: things like cigarettes, alcohol and
pornography," Gov. Blagojevich said. "We know violent and sexually
explicit video games pose a direct risk to kids, so we should make
every effort to keep them out of kids' hands. If a parent believes
his or her child is mature enough to play adult video games, then
they should be able to rent or buy the games on their child's
behalf. But my strong suspicion -- and I hear evidence of this
regularly from parents I meet -- is that most parents don't know
what is in the games their kids are playing. They assume that if
their 12-year-old can rent it or buy it without a problem, then it
must be appropriate. Parents are eager to have some assistance in
making sure their children don't have access to games full of adult
content." "For many residents
of Illinois, street violence is a very real part of their daily
life," said Chapa LaVia, who introduced the governor's proposal.
"It's not a character in a video game or a fantasy on a TV screen;
it's their neighbor down the street or their friend from church. As
a parent, I'm concerned about the images my children see in video
games. As a legislator, I realize there must be a balance between
unbridled First Amendment rights and excessive government
regulation. It's troubling to think that a 14-year-old can legally
buy a video game where gang members, prostitutes and criminals are
the main characters. I introduced this legislation because I believe
children under 18 should not be able to purchase video games
intended for adults, and I'm looking forward to working with my
colleagues in the General Assembly and the governor to see that this
important piece of legislation becomes law."
The proposed bill would ban the
rental and sale of violent and sexually explicit video games to
children younger than 18. "Violent" games are defined as those that
include realistic depictions of human-on-human violence in which the
player kills, injures or otherwise causes serious physical harm to
another human, including but not limited to depictions of death,
dismemberment, amputation, decapitation, maiming, disfigurement,
mutilation of body parts or rape. "Sexually explicit" games are
defined as those that the average person -- applying contemporary
community standards with respect to minors -- would find are
designed to appeal or pander to the prurient interest and that
depict or represent in a manner patently offensive to minors any of
the following: an actual or simulated sexual act or sexual contact,
an actual or simulated normal or perverted sexual act, or a lewd
exhibition of reproductive organs. The penalty for violating the
bans is a Class A misdemeanor, punishable by up to one year in
prison or a $5,000 fine.
The bill also requires retailers to
label violent and sexually explicit video games, similar to the
"Parental Advisory" label found on music CDs, and to post signs
explaining the video game rating system. A retailer's failure to
properly label games or place proper signs is punishable by a $1,000
fine for the first three violations and a $5,000 fine for every
subsequent violation.
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In December, Gov. Blagojevich
launched a website for parents,
www.safegamesIllinois.org,
where they can learn about the effects of violent and sexually
explicit video games, report inappropriate video games, and report
Illinois retailers that are selling such games to minors.
The governor also created the Safe
Games Illinois Task Force to gather information on the effects of
violent and sexually explicit video games, develop strategies for
parents, and give recommendations to the governor. The task force
includes a Parents Advisory Committee, made up of parents from
across Illinois, which identifies areas of concern regarding violent
and sexually explicit video games in their communities and advises
both the governor and the task force.
Various studies demonstrate the
negative effects that playing violent and sexually explicit video
games have on minors. One such study, completed in 2003 by four
experts, including task force member Douglas Gentile from the
National Institute on Media and the Family, concluded that
adolescents who expose themselves to greater amounts of video game
violence were more hostile, reported getting into arguments with
teachers more frequently, were more likely to be involved in
physical fights and performed more poorly in school.
The National Institute of Media and
the Family recently found that 92 percent of all children ages 2 to
17 play video games, and the average child spends nine hours each
week playing them. The institute also found that 87 percent of
preteen and teenage boys play games rated "M" for "mature" by the
Entertainment Software Ratings Board. M-rated games often contain
realistic depictions of human injury and death, mutilation of body
parts, rape, sex, profanity, and drug, alcohol and tobacco
consumption.
Even though mature games are labeled
with the Entertainment Software Ratings Board's "M" rating, there
are no legal mechanisms in place preventing children from buying
them. Unlike the motion picture industry, the video game industry
has not developed an effective self-regulation system that keeps
adult material out of the hands of minors. In 2003, the Federal
Trade Commission found that 69 percent of teenagers were able to
purchase M-rated video games, giving them easy access to images many
adults would consider offensive. The FTC also found that not only
are minors easily purchasing violent and sexually explicit games, 10
of the 11 companies it studied produced at least one marketing
document specifically targeting boys under 17 for a violent, M-rated
game.
An independent investigation by the
Illinois State Crime Commission found that a 15-year-old boy could
purchase M-rated video games (recommended for children 17 and older)
at 11 of the 15 stores he visited.
[News release from the
governor's office]
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