Politicians at both the state and federal level have attacked retailers for selling mature-rated games to minors, sparking unconstitutional legislation that's repeatedly been knocked down in court. Now, the latest undercover shopper survey by the Federal Trade Commission has found that sellers of video games actually "continue to enforce most vigorously the ratings governing age and content that were established by the entertainment media industry."
The FTC deliberately recruited 13- to 16-year-olds, and sent them unaccompanied by a parent, to attempt to buy R-rated movie tickets, R-rated movie DVDs, unrated DVDs of movies that were R-rated when first released in theaters, music CDs carrying a Parental Advisory Label and video games rated “M” for Mature (for ages 17 and up). The teens shopped at national and regional chain stores and theaters across the U.S. between November 2010 and January 2011.
The results should make the ESRB and the games industry proud, as only 13 percent of underage shoppers got away with buying mature-rated titles, which is an improvement from the 20 percent in the previous year's FTC survey. By comparison, 64 percent were able to purchase CDs with a Parental Advisory Label, 38 percent of shoppers purchased R-rated DVDs, 47 percent purchased unrated DVDs, and one-third of underage shoppers bought a ticket to an R-rated movie.
As for how the retailers specifically performed (see chart below), Walmart allowed the greatest percentage of underage shoppers to buy mature-rated content, followed by Best Buy. The strictest retailer appeared to be Target and GameStop was only one percentage point off from the lead, allowing just nine percent.
“The ESRB is the gold standard. Our self-regulatory system works and this FTC report validates it as being the best in the entertainment industry,” said Michael D. Gallagher, president and CEO of the Entertainment Software Association (ESA). “We have an unparalleled commitment to working with parents, retailers, and stakeholders, and will continue to help ensure that this remarkable level of enforcement remains high.”
Gallagher continued, “Those who would criticize the industry’s commitments are either ignorant of facts or are actively pursuing a political agenda. We look forward to building on this level of success.”
Bo Andersen, President & CEO of the Entertainment Merchants Association, added, “EMA is pleased with the leading performance of its members in enforcement of the video game ratings and the significant improvement in enforcement of the DVD ratings. The credit for these improvements goes to the individual retailers who have made ratings enforcement a part of their corporate culture, and in the case of video games, the ESRB and their ESRB Retail Council. These numbers demonstrate once again that industry self-regulation can and does work, and there is no need for punitive government regulation, such as the California video game law that EMA and the Entertainment Software Association are currently challenging in the U.S. Supreme Court.”
