ESRB software rating enforcement

Factual Questions
1

Have there been any cases where the ESRB has needed to enforce action against a company’s use of thier rating system?

I asked the contact at the esrb.org web site, but they (very unhelpfully) said they did not have the time/manpower to answer my question. :frowning: I mean, who else would be able answer if not them!

Any ideas where I can find information on abuses and/or enforcement of the ESRB rating system?

Thanks!

2

I’m in the game industry and to my knowledge the ESRB has never had to take any action against a company that misused their rating system. That doesn’t mean it hasn’t happened though.

You might try posting your question in the discussion forum of the International Game Deveopers Association:

http://www.igda.org/Forums/

Someone there might have more information than I do.

3

Misused how? By putting a ratings tag on a game they didn’t rate? By putting a different ratings tag on a game than the one it was given?

4

Yes, kind of like that. Although I’d imagine that could be dealt with because the ratings are trademarked or copyrighted, or something.

Or maybe “forgetting” to tell the ESRB of some content (and assuming the ESRB doesn’t catch it) that would have earned the title a more adult rating.

Or what if the title would otherwise be rated “Teen”, but there is a cheat code to enable a mode with more “Adult” appropriate content.

Or just releasing a title without a rating. Either because they didn’t like the one assigned by the ESRB or they just didn’t care about ratings.

I guess I’m mostly interested because the ESRB rating system is voluntary, and I guess my cynical side says that someone will come along and figure out a way to screw things up and/or abuse the system. :rolleyes:

BTW: Thanks for the IGDA suggestion, I’ll check around over there.

5

I talked with my producer who has dealt with the ESRB more than I have. Yes, the ratings are voluntary, but the industry does have ways of enforcing their use.

For example, many of the large retail chains like Walmart and EB will decline to carry an unrated game. And in the case of console games, the console manufacturers have quality control restrictions on all titles (to insure things like minimum frame rate, standardized use of memory cards and so on). So an unrated game will not get final approval from the console manufacturer, meaning that the developer cannot legally sell it.

The ESRB does have the power to impose fines on developers who have misled the ratings board. They also have the power to retroactively change or rescind a rating if they discover it was given out in error. That could in turn trigger the product being pulled from the shelves.

You might also find this article interesting:

http://www.womengamers.com/articles/esrb.html#1