Out-Law News 2 min. read
11 May 2012, 3:29 pm
The Department of Culture, Media and Sport (DCMS) said it expects new legislation, the Video Recordings (Labelling) Regulations 2012, to be enacted shortly to enable a new system for age-ratings for video games to come into operation in July.
That system would make the "age-12 rating legally enforceable [for video games] for the first time", the Department said.
The new regime will see the Video Standards Council (VSC) take sole responsibility for age-rating video games in the UK other than in cases where games contain "explicit sexual content". In those cases it would be the responsibility of film censors the British Board of Film Classification (BBFC) to classify the games as 'R18'. Only licensed sex shops can sell such content to adults aged 18 or over.
VSC will be able to refuse the grant of an age-rating for video games if they contain extreme content, which would prohibit the sale of those games in the UK.
"The maximum punishment for selling a non-exempt video game to someone who does not meet the age classification is up to six months in prison and a fine of up to £5,000," DCMS said. "Supplying a non-exempt game without an age-rating will be punishable by up to two years in prison and an unlimited fine."
In deciding what age-rating to give to video games, VSC will review the content in accordance with the Pan European Game Information (PEGI) system that is currently in place, DCMS said.
"The PEGI system is specifically designed for video games and the age rating on the packaging will be accompanied by information about the type of content that led to the rating," it said.
The PEGI scheme was created by the Interactive Software Federation of Europe (ISFE), which claims to represent "the interests of the interactive software sector with regard to the European Union and international institutions".
Under the existing PEGI regime video games publishers are required to complete an "online content assessment and declaration form" which contains questions on the nature of the content of the games. PEGI operators associate an age-rating to the video games based on the publishers' descriptions before administrators of the scheme – of which the VSC is one – conduct their own examination. Those administrators determine whether to apply the provisional rating and whether to licence the publisher to use the age-rating label together with the content descriptions for the game.
Currently in the UK the PEGI system is used by industry for most games, but those containing sexual or grossly violent material are also subject to the approval of the BBFC, which can give a game one of its age-related classifications. If the BBFC refuses to classify a game then supplying it can be punishable with unlimited fines and two years in jail.
Culture Minister Ed Vaizey said the end of the dual regulatory system would provide wide benefits.
"The new system will benefit both parents and industry by creating a stronger, simpler age-rating system," he said. "It will give parents greater confidence that their children can only get suitable games while we are creating a simpler system for industry having their games age-rated.”
The move further towards the PEGI scheme was also welcomed by a games and interactive entertainment trade body.
"We are pleased to hear that the PEGI regulations are another step closer to becoming the UK’s sole age rating system for video games, giving much needed clarity for consumers," Jo Twist, chief executive of Ukie, said. "We are also in the planning stages of a major awareness campaign to help the public understand the system and other aspects of responsible gaming as soon as PEGI become law in the UK."
The chair of the VSC, Baroness Shephard, said the changed regime would enable the body to "undertake the role of statutory video games regulator in the UK."
"The VSC is fully prepared and ready to carry out the vital role of providing consumers with a single, straightforward games rating system whilst ensuring that child-safety remains our first priority," she said.
