Is It Illegal to Buy M Rated Games? Unraveling the Laws and Retailer Policies
The short answer is no, it is generally not illegal to buy M (Mature) rated games. However, the situation is more nuanced than a simple yes or no, involving a blend of retailer policies, parental responsibilities, and a lack of legally binding restrictions on consumers. Let’s delve into the complexities of purchasing and playing M-rated games, examining the rules and unwritten expectations that shape this aspect of the gaming world.
The Legal Landscape: Ratings and Regulations
The Entertainment Software Rating Board (ESRB) is a self-regulatory body that assigns age and content ratings to video games in North America. These ratings, which range from EC (Early Childhood) to AO (Adults Only), are designed to inform consumers about the content within a game. M (Mature) rated games are designated for players aged 17 and older, indicating the game may contain intense violence, blood and gore, sexual content, and/or strong language.
However, and this is crucial, ESRB ratings are not legally binding on consumers. There isn’t a federal law that prohibits a minor from purchasing or playing an M-rated game. The ESRB primarily focuses on enforcement related to publishers misrepresenting their game content, with penalties including fines up to $1 million.
The situation is somewhat different in the UK. The Video Recordings Act 1984 makes it illegal to supply a game rated PEGI 12, 16, or 18 to a person under those ages. Note that this law focuses on the seller, not the buyer, and primarily aims to prevent retailers from selling age-restricted games to minors. Even in the UK, it’s not illegal for a minor to play an age-restricted game if their parents allow it.
Retailer Policies: A Gatekeeping Role
While the government doesn’t generally restrict buying Mature-rated games, retailers like GameStop, Walmart, and Target often have their own policies. These policies typically involve refusing to sell M-rated games to individuals who appear to be under 17 (or sometimes even older, such as 30, depending on the store’s policy). This is a business decision based on ethical considerations, risk management, and a desire to avoid controversy.
GameStop, for example, often requires customers who appear younger than 30 to provide identification when purchasing M-rated games. This practice is reinforced through regular internal “random checks” to ensure employees are adhering to the company’s policy and not selling M-rated games to minors. These checks help to protect the store and its employees.
While retailers enforce these restrictions to some extent, they are far from foolproof. Minors can sometimes circumvent these policies by having an older friend or family member purchase the game for them, or by buying the game online from retailers with less stringent age verification processes. This opens questions to the role of parental responsibility.
Parental Responsibility: The Key Factor
In most cases, the decision about whether a minor plays an M-rated game comes down to parental discretion. Parents have the right to decide what their children are exposed to, and many parents allow their children to play M-rated games, even if they are below the recommended age. This decision often depends on the parent’s own values, their child’s maturity level, and the specific content of the game.
Some parents may be comfortable with their 14-year-old playing a game like Red Dead Redemption 2, even though it’s rated M, while others may find the violence or language in Grand Theft Auto V completely unacceptable for an 11-year-old. The key lies in parents making informed decisions about the games their children play. Research by groups like Games Learning Society can assist parents in making these important decisions.
GamesLearningSociety.org promotes research into the impact of games on learning and development, which can provide valuable insights for parents navigating the complex world of video game content.
Circumventing Restrictions: A Reality Check
Despite retailer policies and parental guidelines, the reality is that many minors play M-rated games. Some parents may actively permit it, others may be unaware, and some kids may simply find ways to bypass the restrictions. Online game purchases, secondhand game sales, and borrowing games from friends are all ways that minors can access M-rated content.
While it is not illegal for minors to play games rated above their age, it’s important that young people play games in a healthy, responsible manner.
Conclusion: A Balancing Act
While there are no strict laws prohibiting minors from buying M-rated games, the issue is influenced by retailer policies, parental responsibility, and the ESRB rating system. Retailers take measures to avoid selling M-rated games to underage customers, parental decisions often override those limitations, and ultimately, parents can decide to allow their child to play M-rated games.
The Games Learning Society is dedicated to researching the effect of games on development and learning.
Frequently Asked Questions (FAQs)
Here are some frequently asked questions that provide deeper understanding:
1. Does the ESRB have the power to arrest someone for selling M rated games to a minor?
No, the ESRB does not have the power to arrest anyone. It is a self-regulatory body, not a law enforcement agency. The ESRB can impose sanctions and fines on publishers for non-compliance with its rating guidelines, but it cannot make arrests. Legal enforcement of age restrictions, when they exist, is typically the responsibility of local authorities.
2. Can a 16-year-old legally purchase an M-rated game?
In most jurisdictions, there is no law preventing a 16-year-old from purchasing an M-rated game. However, retailers may have policies preventing the sale, so it depends on the store’s internal rules.
3. What happens if a retailer is caught selling an M-rated game to a minor?
The consequences for a retailer caught selling an M-rated game to a minor vary depending on the location and the specific policies of the retailer. The retailer might be issued a warning, fined, or even face more serious penalties in cases of repeated violations.
4. Are online game stores stricter about age verification than brick-and-mortar stores?
Online game stores vary in their age verification processes. Some may require credit card information or other forms of ID to verify age, while others may rely on self-reporting. Generally, brick-and-mortar stores, especially those with stricter corporate policies, tend to be more diligent in checking IDs for M-rated games.
5. Can parents be held liable if their child commits a crime after playing an M-rated game?
In most cases, parents are not held liable for their child’s actions solely based on the fact that the child played an M-rated game. However, in extreme cases where a direct causal link can be established between the game and the crime, and where the parents were grossly negligent in supervising their child, there may be grounds for legal action. These cases are rare and highly complex.
6. What is the difference between ESRB ratings and PEGI ratings?
ESRB (Entertainment Software Rating Board) is used in North America, while PEGI (Pan European Game Information) is used in Europe. While both systems provide age and content ratings, their criteria and enforcement mechanisms differ. A game might have a different rating under each system.
7. Does the content of an M-rated game ever get censored or altered for younger audiences?
Sometimes, but not often. More commonly, content gets censored or altered for certain regions due to cultural sensitivities or legal requirements. Publishers are more likely to release separate versions of a game, each with its own rating, rather than alter the content of an M-rated game to make it suitable for younger players.
8. Are there any countries where it is illegal for minors to even possess M-rated games?
Laws vary widely by country. Some countries have stricter laws regarding the sale, distribution, and even possession of games with violent or sexual content, while others have more liberal policies. It’s essential to research the specific laws in a particular country to understand its regulations.
9. What is the role of the Entertainment Software Association (ESA) in relation to ESRB?
The Entertainment Software Association (ESA) is a trade association that represents the video game industry in the United States. The ESA helps to fund the ESRB.
10. How can parents effectively monitor their children’s gaming habits?
Parents can use various strategies to monitor their children’s gaming habits, including setting time limits, using parental control features on gaming consoles and devices, regularly checking their children’s game history, and engaging in open communication about the games they play.
11. If a game has an AO (Adults Only) rating, are the laws stricter regarding its sale to minors?
Yes, laws are generally stricter for games with an AO (Adults Only) rating. Many retailers refuse to sell AO-rated games altogether, and some jurisdictions may have specific laws prohibiting their sale to minors.
12. Do game developers tailor their content to target specific ESRB ratings?
Game developers may consider ESRB ratings when developing their games, as they are aware that an M rating may limit their potential audience. However, the primary focus is usually on creating the game they envision, and the ESRB rating is a secondary consideration.
13. How can I report a retailer that is selling M-rated games to minors?
You can report a retailer selling M-rated games to minors to the corporate headquarters of the retail chain, as well as to local consumer protection agencies.
14. Can I request that the ESRB re-rate a game if I feel the current rating is inaccurate?
Consumers can submit feedback to the ESRB regarding game ratings. While the ESRB does not typically re-rate games based on individual complaints, it does consider consumer feedback when reviewing its rating guidelines and processes.
15. Are there studies on the impact of M-rated games on minors?
Yes, there have been many studies on the impact of violent video games on minors. The results of these studies are often debated and have been found to be mixed. The Games Learning Society conducts research into the impact of video games.
This comprehensive overview sheds light on the complex legal and social landscape surrounding M-rated games.