Can a 16-Year-Old Buy a Mature Game? Unraveling the Complexities of Game Ratings and Retail Policies
The short answer is: it depends. While the Entertainment Software Rating Board (ESRB) designates “M” (Mature) rated games as suitable for ages 17 and older, the legality and practical possibility of a 16-year-old purchasing such a game are far more nuanced than a simple yes or no. It involves understanding the ESRB rating system, relevant laws (or lack thereof), retailer policies, and parental consent. The truth of the matter is that despite the ESRB rating system, retailers are free to make their own sales policy.
Understanding the ESRB Rating System
The ESRB is a self-regulatory organization that assigns age and content ratings to video games and apps in the United States and Canada. These ratings are designed to provide consumers, especially parents, with information about the content of a game so they can make informed purchasing decisions.
- “M” for Mature: This rating indicates that the game’s content is suitable for persons aged 17 and older. Such games may contain intense violence, blood and gore, sexual content, and/or strong language. It’s the video game equivalent of an R-rated movie.
- Other Ratings: It’s important to understand the broader context. Other ratings include “E” for Everyone, “E10+” for Everyone 10 and up, and “T” for Teen (13+). Each rating provides a general guideline of appropriate age groups.
The Legality of Selling Mature Games to Minors
A common misconception is that it’s illegal to sell M-rated games to minors in the United States. This isn’t entirely accurate. The US Supreme Court case of Brown v. Entertainment Merchants Association (formerly Schwarzenegger v. EMA) established that restricting the sale of violent video games to minors is unconstitutional, citing First Amendment rights. This landmark case effectively overturned a California law attempting to do just that.
Therefore, there’s no federal law in the United States preventing the sale of M-rated games to individuals under 17. However, this doesn’t mean minors can waltz into any store and buy these games.
Retailer Policies: The Real Gatekeepers
While legal restrictions are limited, the real obstacle for a 16-year-old trying to buy an M-rated game is often the retailer’s policy. Many major retailers, such as GameStop, Best Buy, and Walmart, have internal policies that restrict the sale of M-rated games to individuals who can prove they are 17 or older, usually by showing a valid photo ID.
These policies are in place for several reasons:
- Avoiding Controversy: Retailers want to avoid public backlash and maintain a responsible image by adhering to the ESRB’s recommendations, even if they aren’t legally obligated.
- Parental Expectations: Retailers understand that many parents expect them to act as gatekeepers and prevent children from accessing content that is considered inappropriate.
- Employee Discretion: In some cases, it might come down to individual employee discretion, but official policy usually takes precedence.
Circumventing the System: Is It Possible?
Despite retailer policies, a determined 16-year-old may find ways to acquire M-rated games:
- Parental Consent: The most straightforward approach is to have a parent or legal guardian purchase the game for them. Many parents are comfortable allowing their children to play M-rated games, depending on the specific content and their own values.
- Online Purchases: Online retailers may have less strict age verification processes, although most still require credit card information, which often links back to an adult.
- Used Games and Flea Markets: Buying used games from private sellers or at flea markets circumvents retailer policies altogether.
- Borrowing or Renting: Borrowing from friends or renting games (if rental services are still available) can also bypass purchasing restrictions.
International Considerations: PEGI and Other Rating Systems
It’s important to note that the ESRB rating system is primarily used in North America. In Europe, the Pan European Game Information (PEGI) system is the standard. PEGI ratings are somewhat different, with age categories like 3, 7, 12, 16, and 18.
While PEGI ratings are recommendations, some countries have laws regarding the sale of PEGI-rated games to minors. For example, in the UK, it’s illegal to sell a PEGI 12, 16, or 18-rated game to someone below that age. Even then, it isn’t illegal for someone underage to play it.
The PEGI 16 is often considered to be the European equivalent of the North American “M” rating.
The Importance of Informed Decisions
Ultimately, the question of whether a 16-year-old can buy an M-rated game is less important than whether they should. Parents play a crucial role in guiding their children’s media consumption and making informed decisions about what content is appropriate for them. The Games Learning Society (GamesLearningSociety.org) offers valuable resources and research on the impact of games on learning and development, helping parents and educators navigate the complex world of video games. Parents can also use the game ratings that are on the front cover of the game to help guide their choices.
Frequently Asked Questions (FAQs)
1. What exactly does the “M” rating mean?
The “M” (Mature) rating by the ESRB signifies that a game contains content suitable for individuals aged 17 and older. This content may include intense violence, blood and gore, sexual content, and/or strong language.
2. Is it illegal for a 16-year-old to play an M-rated game?
No. While retailers may restrict the sale of M-rated games to minors, there are generally no laws prohibiting someone under 17 from playing such a game if they obtain it through other means (e.g., parental consent, borrowing).
3. Can a parent be arrested for letting their child play an M-rated game?
No. Parents have the right to decide what media their children consume. There are no legal repercussions for allowing a minor to play an M-rated game.
4. Does GameStop always ask for ID for M-rated games?
Generally, yes. GameStop’s company policy typically requires employees to check ID for purchases of M-rated games to ensure the buyer is 17 or older. However, enforcement can vary.
5. What happens if a retailer sells an M-rated game to a minor?
There are no legal consequences in the US due to the Supreme Court ruling. However, the retailer may face public criticism or damage to their reputation. The employee could also face disciplinary action from their employer.
6. Are there any states with specific laws about selling violent video games to minors?
While some states have attempted to pass such laws, they have generally been struck down by courts as unconstitutional, citing the First Amendment.
7. Is the PEGI rating system the same as the ESRB?
No. PEGI (Pan European Game Information) is the rating system used in Europe, while ESRB is used in North America. They have different age categories and content descriptors.
8. What is the equivalent of an “M” rating in the PEGI system?
The PEGI 16 rating is often considered the closest equivalent to the ESRB’s “M” rating, although the specific content descriptors may differ.
9. Is it illegal to sell a PEGI 18 game to a minor in Europe?
In some European countries, such as the UK, it is illegal to sell PEGI 12, 16, or 18-rated games to individuals below those ages. Other countries may have different regulations.
10. What are the arguments for restricting the sale of M-rated games to minors?
Arguments often cite concerns about the potential negative impact of violent content on children’s development, behavior, and attitudes.
11. What are the arguments against restricting the sale of M-rated games to minors?
Arguments often emphasize parental rights, freedom of speech, and the lack of conclusive evidence linking violent video games to real-world violence.
12. How can parents make informed decisions about video games for their children?
Parents can:
- Check the ESRB or PEGI rating and content descriptors.
- Research the game online and read reviews.
- Watch gameplay videos.
- Play the game themselves.
- Talk to their children about the game’s content and themes.
13. Do video game ratings consider the difficulty or complexity of the game?
No. Game ratings focus solely on the age-appropriateness of the content. Difficulty and complexity are not factors in the rating process.
14. Are online games and digital downloads subject to the same restrictions as physical games?
Retailer policies often apply to online games and digital downloads as well, with age verification processes in place. However, enforcement can be more challenging.
15. Where can I find more information about video game ratings and their impact on children?
Numerous organizations and websites provide information about video game ratings, including the ESRB website, Common Sense Media, and academic research from organizations like the Games Learning Society.