Family Entertainment Protection Act
Encyclopedia
The United States
Family Entertainment Protection Act (FEPA) was a bill
introduced by Senator Hillary Clinton
(D-NY), and co-sponsored by Senators Joe Lieberman
(D-CT), Tim Johnson (D-SD) and Evan Bayh
(D-IN) on November 29, 2005. The bill called for a federal mandate enforcement of the Entertainment Software Rating Board
(ESRB) ratings system for video games in order to protect children from inappropriate content.
The FEPA would have imposed fines of $1000 dollars
or 100 hours of community service for a first time offense of selling a "Mature" or "Adult-Only" rated video game to a minor, and $5000 or 500 hours for each subsequent offense. The bill also called for a FTC
investigation into the ESRB to ascertain whether they have been properly rating games.
Similar bills have been passed in some U.S. state
s such as California
, Michigan
and Illinois
, but were ruled to be unconstitutional
.
This bill did not become law; it was referred to the Senate Committee on Commerce, Science and Transportation
and expired at the end of the 109th session of Congress
without further action.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Family Entertainment Protection Act (FEPA) was a bill
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
introduced by Senator Hillary Clinton
Hillary Rodham Clinton
Hillary Diane Rodham Clinton is the 67th United States Secretary of State, serving in the administration of President Barack Obama. She was a United States Senator for New York from 2001 to 2009. As the wife of the 42nd President of the United States, Bill Clinton, she was the First Lady of the...
(D-NY), and co-sponsored by Senators Joe Lieberman
Joe Lieberman
Joseph Isadore "Joe" Lieberman is the senior United States Senator from Connecticut. A former member of the Democratic Party, he was the party's nominee for Vice President in the 2000 election. Currently an independent, he remains closely affiliated with the party.Born in Stamford, Connecticut,...
(D-CT), Tim Johnson (D-SD) and Evan Bayh
Evan Bayh
Birch Evans "Evan" Bayh III is a lawyer, advisor and former Democratic politician who served as the junior U.S. Senator from Indiana from 1999 to 2011. He earlier served as the 46th Governor of Indiana from 1989 to 1997. Bayh is a current Fox News contributor as of March 14, 2011.Bayh first held...
(D-IN) on November 29, 2005. The bill called for a federal mandate enforcement of the Entertainment Software Rating Board
Entertainment Software Rating Board
The Entertainment Software Rating Board is a self-regulatory organization that assigns age and content ratings, enforces industry-adopted advertising guidelines, and ensures responsible online privacy principles for computer and video games as well as entertainment software in Canada, Mexico and...
(ESRB) ratings system for video games in order to protect children from inappropriate content.
The FEPA would have imposed fines of $1000 dollars
United States dollar
The United States dollar , also referred to as the American dollar, is the official currency of the United States of America. It is divided into 100 smaller units called cents or pennies....
or 100 hours of community service for a first time offense of selling a "Mature" or "Adult-Only" rated video game to a minor, and $5000 or 500 hours for each subsequent offense. The bill also called for a FTC
Federal Trade Commission
The Federal Trade Commission is an independent agency of the United States government, established in 1914 by the Federal Trade Commission Act...
investigation into the ESRB to ascertain whether they have been properly rating games.
Similar bills have been passed in some U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
s such as California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
and Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
, but were ruled to be unconstitutional
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
.
This bill did not become law; it was referred to the Senate Committee on Commerce, Science and Transportation
United States Senate Committee on Commerce, Science and Transportation
The United States Senate Committee on Commerce, Science, and Transportation is a standing committee of the United States Senate in charge of all senate matters related to the following subjects:* Coast Guard* Coastal zone management* Communications...
and expired at the end of the 109th session of Congress
109th United States Congress
The One Hundred Ninth United States Congress was the legislative branch of the United States, composed of the United States Senate and the United States House of Representatives, from January 3, 2005 to January 3, 2007, during the fifth and sixth years of George W. Bush's presidency. House members...
without further action.
I. Prohibition on Selling Mature and Adults Only video games to minors
The centerpiece of this bill is a prohibition against any business for selling or renting a Mature, Adults-Only, or Ratings Pending game to a person who is younger than seventeen. On-site store managers would be subject to a fine of $1,000 or 100 hours of community service for the first offense; $5,000 or 500 hours of community service for each subsequent offense. This provision is not aimed at punishing retailers who act in good faith to enforce the Entertainment Software Ratings Board (ESRB) system. That’s why retailers would have an affirmative defense if they were shown an identification they believed to be valid or have a system in place to display and enforce the ESRB system. Similar prohibitions had become law in the last several months in California, Michigan, and Illinois, but were later overturned.II. Annual Analysis of the Ratings System
Since the bill relies on the video game industry to continue rating the appropriateness of games for minors, this bill requires an annual, independent analysis of game ratings. This analysis will help ensure that the ESRB ratings system accurately reflects the content in each game and that the ratings system does not change significantly over time.III. Authority for the Federal Trade Commission (FTC) to Investigate Misleading Ratings
Part of the genesis of this bill was the revelation that the makers of Grand Theft Auto: San Andreas had included, through embedded code that was discovered and made accessible to the public, sexually explicit content inconsistent with the game’s Mature rating. This bill requires the FTC to conduct an investigation to determine whether what happened with GTA: San Andreas is a pervasive problem. It also includes a Sense of Congress that the Commission shall take appropriate action if it determines that there is a pervasive problem.IV. Authority to Register Complaints
This bill requires the Bureau of Consumer Protection (BCP) of the FTC to ensure that consumers can file complaints if they find content to be misleading or deceptive and requires the BCP to report on the number of such complaints to Congress.V. Annual Retailer Audit
This bill authorizes the FTC to conduct an annual, random audit of retailers – sometimes referred to as a secret shopper survey – to determine how easy it is for young people to purchase Mature and Adults Only video games and report the findings to Congress.External links
- McCauley, DennisDennis McCauleyDennis McCauley is an American professional ice hockey player who is currently playing for the Portland Pirates in the American Hockey League.On July 30, 2010, he was signed as a free agent by the Buffalo Sabres.-External links:...
. "Hillary Introduces Video Game Legislation", Gamepolitics.comGamePolitics.comGamePolitics.com is a blog about the politics of computer and video games started by freelance journalist Dennis McCauley.Frequent topics include video game legislation, the effects of media coverage on video games and gamer culture, and stories about high-profile critics and/or supporters of the...
, December 16, 2005
Criticism
- "Videogame Voters Network: Take Action to Stop the Family Entertainment Protection Act", February 28, 2006
- "Say 'No' To Family Entertainment Protection Act", Igniq.com, December 18, 2005
- "Thompson calls FEPA unconstitutional", Ars TechnicaArs TechnicaArs Technica is a technology news and information website created by Ken Fisher and Jon Stokes in 1998. It publishes news, reviews and guides on issues such as computer hardware and software, science, technology policy, and video games. Ars Technica is known for its features, long articles that go...
, December 12, 2005 - "Reality Bytes: Eight Myths About Video Games Debunked", Henry JenkinsHenry JenkinsHenry Jenkins III is an American media scholar and currently a Provost Professor of Communication, Journalism, and Cinematic Arts, a joint professorship at the USC Annenberg School for Communication and the USC School of Cinematic Arts...
, accessed December 17, 2005 - "It’s All Fun And Games Until Someone Gets Hurt: The Effectiveness Of Proposed Video-Game Legislation On Reducing Violence In Children", Patrick Byrd, accessed August 1, 2008