New bill: No ID, no 'mature' video games for you

Editor's note: Updated at 11:35 a.m. PST to include additional information from Matheson's office about the bill.

A new congressional proposal seeks to make it harder for kids to buy or rent games like the runaway sales hit "Grand Theft Auto IV" (scene pictured here), which bears a "Mature" rating, meaning it's considered unsuitable for kids younger than 17.

(Credit: Rockstar Games)

A new bill in the U.S. Congress would force retailers to card kids attempting to buy video games bearing "mature" or "adults only" ratings.

In addition to the identification-checking requirement, Reps. Jim Matheson (D-Utah) and Lee Terry (R-Neb.)'s Video Game Ratings Enforcement Act, introduced on Wednesday, would also require stores to post explanations of what the ratings, devised by the industry-backed Entertainment Software Ratings Board (ESRB), actually mean, according to a press release. A copy of the bill's text was not immediately available on Thursday.

Rep. Jim Matheson

(Credit: U.S. Congress)

"As a parent, I know that I'm the first line of defense against my kids playing Mature-rated video games," Matheson said in a statement. "But parents can't be everywhere monitoring everything and some reasonable, common sense rules ought to be in place to back parents up."

For the record, games with an M-rating, by the ESRB's description, are considered suitable for people age 17 and older and "may contain intense violence, blood and gore, sexual content and/or strong language." Those with an AO or Adults Only rating "may include prolonged scenes of intense violence and/or graphic sexual content and nudity" and are recommended only for people age 18 or older.

Whether the new rules are necessary may be up for debate. Some stores already attempt to verify the age of game purchasers. Wal-Mart, for example, says on its Web site that it already posts information about the ESRB ratings and has programmed its cash registers to automatically prompt sales clerks to check the age of the customer when M-rated games are scanned. GameStop also checks IDs before selling M-rated games.

And interestingly, just after the bill was introduced, the Federal Trade Commission on Thursday released the results of a new "undercover" shopper study, which found the number of incidents of stores selling M-rated video games to teens has plummeted since 2000.

On average, only 20 percent of the 13-to-16-year-old shoppers were able to purchase the games from stores like Game Stop/EB Games, Wal-Mart, Target, Best Buy, and Toys R Us, down from an average of 42 percent in 2006 and 85 percent in 2000. (Some stores recorded a far lower percentage--only 6 percent of those shoppers were successful in purchasing M-rated games from Game Stop, for instance.)

The Parents Television Council, a group whose mission is to shield children from sex, violence and profanity in television and other media, applauded the bill's introduction, pointing to its concerns about the Mature-rated Grand Theft Auto IV, which has already broken sales records within the first week of its release.

"Video game ratings supposedly exist to protect children from material that is created for adults, but there is no consequence for irresponsible retailers who repeatedly sell these games to children," PTC president Tim Winter said in a statement. "The importance of this issue cannot be overstated when considering the array of games that include content too deplorable and disgusting to describe in detail."

Previous legislative attempts to limit childrens' access to violent or sexually-themed video games, however, have not met with much success in the courts. Earlier this year, a federal appeals court upheld a lower court's decision to block a Minnesota law that would have imposed up to a $25 fine on minors younger than 17 caught buying or renting video games rated "M" for mature or "AO" for adults-only, citing, among other things, First Amendment concerns. Similar rulings have come down in other federal courts with regard to laws in Louisiana, Michigan, and California.

The Entertainment Software Association, which represents the video game industry, said it shares the politicians' goal of ensuring children have parental approval before playing certain titles but disagreed with their proposed method of doing so.

"Empowering parents, not enacting unconstitutional legislation, is the best way to control the games children play," said ESA President Michael Gallagher.

A Matheson aide told CNET News.com that her boss believes his bill is crafted narrowly enough to survive any constitutional challenge that may arise.

The new bill joins a handful of other proposals related to video games that have surfaced in this session of Congress, including new attempts to outlaw "deceptive" video game ratings. That legislation was a reaction primarily to the "Hot Coffee" scandal a few years ago, in which a readily downloadable modification to the best-selling game Grand Theft Auto: San Andreas could unlock sexually explicit scenes.

[8ball629]

This is actually good news.

Most retail stores already require an ID for buying a game rated Mature and have been doing so for quite some time.

[8ball629]

This is actually good news.

Most retail stores already require an ID for buying a game rated Mature and have been doing so for quite some time.

[Orion Blastar]

Not all stores enforce this, nor does online auctions and online game sellers.

[libertyforall1776]

RIDICULOUS, parents need to be responsible for their under-18 kids. We do not need government making more nanny-state rules.

[Stan Kee]

we're already there. stories like this is one reason i refuse to get into democrats vs. republican debates. both undermine the populace for various reasons.

[aka_tripleB]

What a great waste of tax payers' time and money. Most stores already check ID, but that doesn't matter, because most kids get their parents or grandparents to buy the games anyways.

[Gormu]

This seems like a waste of time. I have nothing against not selling M or AO games to kids, but if this becomes law, it seems to me police could spend their time much more productively than conducting "stings" to enforce it.

[crazycrusher]

Im a gamer a big one at that and welcome this, even though they are meant to be doing it anyway they dont. but to be honest I blame the parents not the stores they should be watching what games there kids play what rating is on them when they play them at home, its not up to the stores or the gamer makes to be parents, THATS THE MAIN problem.

[mbta11]

i Agree with you man, im Getting Dead to rights for the gamecube
i just turned 20 on wednsday. so thats it have a good night.

[baylors]

hmmm. this doesn't work with cigarettes or alcohol....if kids want it the parents or older friends or older siblings will get it..... won't work.

[mike18698]

This type of crap really pisses me off. It is a damn game, and those mothers who get great games like this banned so no one can play them should mind there own business and jump off a cliff. I am 21 years old and this makes me wanna go buy 500 copies of this game and give it to young kids for free. Maybe the parents should spend more time with their kids and explain things more to them, then maybe this world would be alright.

[partytildawn-20159620461052270]

There is one big problem with this law. It is unconstitutional. The U.S. federal courts have already ruled on this issue when states have passed similar legislation, and the courts have ruled that such a requirement is a violation of the 1st Amendment. People wrongly try to compare this to a minor attempting to attend a rated-R movie. People forget that the movie industry polices itself. There is no law that prohibits a minor from attending an rated-R movie -- again the courts have struck down laws attempting to legislate this. Instead, the movie theater reserves the right (and the movie production companies require) to limit what age groups can view what movies. This bill can't pass constitutional muster.

[danyp1]

One more thing the government does not need to regulate. Let the parents raise their children.

[cquick01]

Here's an idea for the government: since they tax cigarrettes, why not add a tax to these type of games. That way, the government can also profit from games like this and hopefully discourage the sell of them. This game may be a technological wonder, but it (and others like it) do nothing to help our society.

Those complaining about the ESRB ratings need to understand that many parents aren't savvy. When I'm shopping for games and I see a parent grab a game for an obviously younger child, I ask the parent if they've checked the rating. I'm surprised by the number of parents that have no idea video games are rated or how to check them. While the gaming industry has taken strides to rate their games, it is worthless without both enforcement and education. I applaud this effort -- more laws should be passed that protect our children. I'm in favor of cleaning up TV, movies, video games and music and appropriatly rating and enforcing laws that protect our children.

Quite frankly, this game should be yanked from the shelves and the publisher fined for producing a game that promotes criminal activities as glamorous and "entertaining".

[Amph3tamine]

this is some gay as **** you try to throw on some restrictions kids are going to by pass them i would know im sixteen and i see this **** and i feel like kill some fokes its so gay why would u try to do this when every one can use a com and get people to buy the game for them your not doig anything but using up people's cash on gay ass acts like this the only thing u do is **** people off and start **** you dont need too do and the fokes that agree with this are ****** stupid if u have a problem go on your sons or daughters box or station and block it its not hard stop wasting time and money u stupid ass congress or senate and people that support this go off yourselfs............ peace *****