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California Prohibits Sales of Ultra-Violent Video Games to Kids
Schwarzenegger Signs Yee’s Bill to Protect Children from Harmful Video Games

SACRAMENTO - Governor Arnold Schwarzenegger (R-Los Angeles) today signed legislation authored by Assembly Speaker pro Tem Leland Yee (D-San Francisco/Daly City) to prohibit the sale of extremely violent video games to children, making the nation’s most populous state and home to the $31 billion video game industry, the latest to pass such a bill.

“By signing this commonsense bill into law, the Governor joined our medical professionals and our parents in putting our children’s best interests first,” said Speaker pro Tem Yee. “Although the Governor and I don’t always agree, we are both fathers and understand the importance of raising healthy kids. California parents will now have a vital tool in helping them raise their children.”

“Today I signed legislation to ensure parent involvement in determining which video games are appropriate for their children,” said Governor Schwarzenegger. “The bill I signed will require that violent video games be clearly labeled and not be sold to children under 18 years old. Many of these games are made for adults and choosing games that are appropriate for kids should be a decision made by their parents.”

Specifically, Assembly Bill (AB) 1179 will end the sale and rental of violent video games that depict serious injury to human beings in a manner that is especially heinous, atrocious, or cruel, to persons who are under 18 years of age. Retailers who violate the act will be liable in an amount up to $1,000 for each violation.

“Unlike movies where you passively watch violence, in a video game, you are the active participant and making decisions on who to stab, maim, burn or kill,” said Speaker pro Tem Yee, also a child psychologist. “As a result, these games serve as learning tools that have a dramatic impact on our children.”

In recent weeks, national political leaders had called on Schwarzenegger to sign AB 1179, including U.S. Senator Joe Lieberman (D-CT), U.S. Senator Charles Schumer (D-NY), and Illinois Governor Rod Blogojevich (D-IL), as well as statewide leaders including Lieutenant Governor Cruz Bustamante (D-Elk Grove), State Treasurer Phil Angelides (D-Sacramento), and State Controller Steve Westly (D-Menlo Park).

“Studies prove that playing these violent video games are bad for kids mental and physical health,” said Jim Steyer, Founder of Common Sense Media, a non-profit organization of 750,000 regular users dedicated to improving children’s media lives. “The health threat involved with kids playing such games is equivalent to smoking cigarettes.”

These violent video games are learning tools for our children and clearly result in more aggressive behavior,” said Randall Hagar, California Psychiatric Association’s Director of Government Affairs.

In addition to disagreeing with most medical experts on the harmful effects ultra-violent games have on kids, the video game industry has also claimed AB 1179 is unconstitutional. However, many 1st Amendment law experts have testified in support of Yee’s bill saying the bill is narrowly tailored to pass constitutional challenges.

“The fact that some prior court has said there is insufficient science to suggest harm to kids becomes less relevant as time passes, as brain science and psychological data has significantly changed,” said Kevin Saunders, Michigan State Constitutional Law professor. “Just this year, the Supreme Court ruled in Roper v. Simmons, the child death penalty case, that children are different in the eyes of the law due to brain development.”

Yee’s efforts have received overwhelming support from Californians, including the California Academy of Pediatricians, Commission on the Status of Women, California Psychiatric Association, California Psychological Association, NAACP, California Alliance Against Domestic Violence, Girl Scouts, and the California PTA. Most recently, US Senator Hillary Rodham Clinton introduced nearly identical legislation at the federal level.

According to the Federal Trade Commission, nearly 70 percent of thirteen to sixteen year olds are able to purchase M-rated (Mature) video games, which are designed for adults. Ninety-two percent of children play video or computer games, of which about forty percent are rated M. Mature-rated games are the fastest growing segment of the video game industry; in fact the top selling games reward players for killing police officers, maiming elderly persons, running over pedestrians and committing despicable acts of murder and torture upon women and racial minorities.

The State Assembly earlier passed AB 1179 on a 66-7 vote and the Senate approved the bill on a 22-9 vote. AB 1179 will officially become law on January 1, 2006.

"We wish we did not have to take this action, but we must protect the First Amendment rights of video game retailers and distributors and their customers. Courts have consistently held that restrictions on video games because of depictions of violence within the games violate the First Amendment guarantee of freedom of speech. The California law is also unconstitutional because it is so imprecisely drafted that it is impossible to decipher which video games are covered by its provisions," VSDA president Bo Andersen said.

Click Link Below For More On The Reponse Of Our Industry:

Video game group sues California

GamePAC SHOUTS,

OUR VOICE IS FINALLY HEARD IN WASHINGTON

Atlanta, GA - June 26th, 1998 -

The group officially launched during a trade industry organization meeting at the E3 expo in Atlanta last month. 

GamePAC (Political Action Confederation) was formed by rank and file members of the computer game industry, and is a grass-roots lobbying effort. The group intends to develop a political action confederation made up of people who develop, promote and publish computer games, as well as consumers. 

At his 1998 Computer Game Developers Conference presentation, 'Playing Games with Washington: Government Report '98', Daniel Greenberg said, "The bigger and more profitable our industry becomes, the more we'll attract government attention. We can no longer rely on our obscurity to avoid regulation. In the past, computer game developers were caught off guard by the government's scrutiny of our games and vital new 

GamePAC was created to assure our place at the table, and that our voices are heard. 

Members of GamePAC believe our industry is under siege. In a successful campaign waged by the IDSA, a bill that would have banned violent videogames was defeated in the state of Florida. An even tougher fight is expected next year, and the coordinated efforts of our developers and publishers together with others in our industry is key to maintaining our liberties. 

It is time that our voices be heard. As an industry, we have more political power than we can even imagine. Except for a few voices -- such as the IDSA, an industry trade association representing software publishers -- our industry is not heard in Washington and in the state capitals. However, the voices of lawmakers who want to blame our industry for violence in our society - who want to mandate a ratings system - who pass Internet censorship laws - ARE heard, while WE remain silent. As Thomas Paine pointed out, it is up to each generation to guard its liberties.

It is time that our voices be heard. As an industry, we have more political power than we can even imagine. Except for a few voices -- such as the IDSA, an industry trade association representing software publishers -- our industry is not heard in Washington and in the state capitals. However, the voices of lawmakers who want to blame our industry for violence in our society - who want to mandate a ratings system - who pass Internet censorship laws - ARE heard, while WE remain silent. As Thomas Paine pointed out, it is up to each generation to guard its liberties. 

The GamePAC website, currently in development, will provide a conduit for support from game developers and publishers, enabling it to protect their industry's right to exercise creativity and imagination. To produce truly entertaining games for their audience, developers must have a strong voice in the outcome of laws that affect their ability to create. This freedom of expression is at the heart of the expansive growth of our industry. We need donations, contributions and your support NOW, to begin the real work of protecting our mutual rights. Protect your freedom to produce the games YOU want to produce. 

Verin Lewis
CKO MRI/CyberROM MINDS Alliance
541/488-0595, GamePac

Michael Bendner
Former Editor, PC Multimedia & Entertainment Magazine
604/728-6443, cyberrom@gamepac.com

Special thanks to the following people for their early support of GamePAC: 

• Vince Desiderio - CEO, Running With Scissors 
• Derek Smart, Ph.D - Designer/Lead Developer, Battlecruiser: 3000AD 
• Bobby Seale - Founder & Former Chairman of the Black Panther Party / Head of Production for R.E.A.C.H. Cinema Productions, Inc. 
• Mark Shander - President of Club Gameholio / Director of Marketing, IcePick Games 
• Daniel Greenberg - President of Paradyme Productions / Washington Correspondant, Computer Game Developers Assocation