The video game industry is an ardent supporter of free expression and opposes any attempt to restrict the First Amendment rights of video game publishers, developers, artists, storytellers and players.
In a 2011 landmark ruling, Brown v. Entertainment Merchants Association & Entertainment Software Association , the U.S. Supreme Court confirmed that video games are to be afforded the same type of First Amendment protection as any other type of artistic expression.
Following accusations that playing video games might lead to real world violence, the Entertainment Software Association led legal efforts to protect free speech in games. In Brown v. Entertainment Merchants Association & Entertainment Software Association, the U.S. Supreme Court confirmed that video games are to be afforded the same type of First Amendment protection as any other type of artistic expression. The Court emphasized:
Like the protected books, plays, and movies that preceded them, video games communicate ideas—and even social messages—through many familiar literary devices (such as characters, dialogue, plot, and music) and through features distinctive to the medium (such as the player’s interaction with the virtual world). That suffices to confer First Amendment protection.
The video game industry empowers parents with tools to protect children.
The video game industry recognizes the importance of providing information and tools for all audiences to make educated, age-appropriate purchasing decisions regarding video games.
For 30 years, the industry has worked through the Entertainment Software Rating Board (ESRB) to ensure that consumers—especially parents and caregivers—have the resources, including voluntary ratings and content descriptors, needed to make informed decisions about video games. The effectiveness of these efforts has been praised by the U.S. Supreme Court and U.S. Federal Trade Commission (FTC).
According to a 2013 study, the Federal Trade Commission (FTC) found that ESRB has the highest in-store ratings enforcement among all entertainment industries (including film, home video and music).
The ESRB provides a centralized place for parents to obtain step-by-step parental control guides for all the game consoles, Windows computers and other platforms at ParentalTools.org.
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Ten years ago this month, the U.S. Supreme Court issued its landmark decision recognizing the application of the First Amendment to video games.
The Entertainment Software Association issued the following statement in response to legislation (HB3531) introduced this week by Illinois state representative Marcus C. Evans:
Video games are about more than fun. They make us better thinkers, more creative, more curious, and bring us closer together. Thanks to the passion of video game developers, publishers, and players across the globe, the future of interactive entertainment is brighter than ever before.
Courts, including the US Supreme Court, have ruled 13 times that computer and video games are protected speech. Efforts by these legislative bodies to ban or limit access to or the sale of games they find objectionable will inevitably run afoul of the First Amendment of the US Constitution.
The video game industry has been using artificial intelligence for decades to help create games and improve the player experience. New AI tools have the potential to drive further innovation.
Billions of people globally, of all ages and backgrounds, play video games in a healthy, balanced way.
Competitive video gaming creates jobs, spurs economic growth and encourages tourism.
In-game purchases make additional content and ongoing online services possible, offering consumers the option to pay for what they want and skip what they don’t.
When players see characters and stories that reflect our diverse society, we can expand their understanding, challenge stereotypes, and foster empathy.
Strong intellectual property laws promote creativity, promote innovation and protect the investments that make video games possible.
The industry is an innovator in online safety, investing in the development and continual evolution of safety features, putting the player community first.
The video game industry provides consumers with transparency, choice and control when it comes to managing personal information.
Right to repair mandates present unique security and piracy risks to the video game ecosystem.
Subscription-based models save consumers money, provide predictability and allow customized experiences.
Fair and open access to international markets fuels the industry’s potential for growth.
Video game companies work diligently to attract and employ the best talent available to continue growing the industry and contributing to the U.S. economy.
