Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 376) expressing the sense of the House of Representatives that the Federal Trade Commission should investigate the publication of the video game ``Grand Theft…
Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 376) expressing the sense of the House of Representatives that the Federal Trade Commission should investigate the publication of the video game ``Grand Theft Auto: San Andreas'' to determine if the publisher intentionally deceived the Entertainment Software Ratings Board to avoid an ``Adults-Only'' rating, as amended.
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on this legislation and to insert extraneous material on the same.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, last week I was appalled to hear about the release of the new version of the video game Grand Theft Auto: San Andreas having a back door to porn embedded in its files. That kind of material would have certainly earned it an ``Adults-Only'' rating rather than the ``Mature'' rating that it has been marketing. I cannot imagine how a good player in the video game industry could make an honest mistake of something like that, so you have to wonder just what they are trying to do.
We have had hearings on rating video games as well as music and movies in our committee, and I believe fully that parents are the first line of defense for controlling what their kids watch. Up until now, parents have been able to trust the Entertainment Software Ratings Board, ESRB, to give them credible information about exactly what is in a video game. I want to make sure that that remains the case.
According to the Federal Trade Commission, the FTC, parents are involved in the purchase and rental of games more than 8 out of 10 times, better than 80 percent, making it indisputably clear that parents are the gatekeepers when it comes to deciding what games they bring into their homes.
The facts about consumer awareness and use of the ESRB ratings: 78 percent of parents are aware of the rating system, up 8 percent in the last 2 years; 61 percent of parents are aware of content descriptors, up 53 percent in the last 2 years; 70 percent of parents regularly check the rating before making a purchase. If this company purposely hid that information or material to make a sham of the ratings, it is nothing less than deceptive advertising and it ought to be punished, in this case severely.
My resolution, coauthored by the gentleman from Massachusetts (Mr. Markey), calls on the Federal Trade Commission to investigate Rockstar Games to see if they intentionally deceived the ratings board to avoid the Adults-Only rating, and, if they determine that such deception or fraud has taken place, that they apply the very toughest of penalties or sanctions. The video game industry has gone into great detail to define their ratings, but I want parents to feel confident that the labeling of the video games that they allow their kids to play or purchase is reliable and that bad actors do not get away with deceptions like this.
Mr. Speaker, if these ratings were willfully violated, they ought to be punished, and a firm should not be allowed to profit from that outrageous circumstance when those rules are followed by so many families when they buy or see the video games in their homes. This resolution calls for that.
Mr. Speaker, I include for the Record a letter that I sent earlier this week to the Chair of the FTC signed by more than 75 Members of Congress, the cover letter signed by the gentleman from Michigan (Mr. Dingell), the gentleman from Texas (Mr. Barton), the
gentleman from Massachusetts (Mr. Markey) and myself, asking that the FTC take every action that they can if, in fact, the material shows that it was wrong in terms of getting the ``M'' rating.
Congress of the United States,
Washington, DC, July 21, 2005.
Hon. Deborah Platt Majoras,
Chairman, Federal Trade Commission,
Washington, DC.
Chairman Majoras: We write to express our profound concern
regarding the sexually explicit material contained in the
rated ``M'' video game ``Grand Theft Auto: San Andreas.'' We
ask for your attention to this matter and to determine if the
publisher, Rockstar Games, intentionally deceived the
Entertainment Software Rating Board to avoid an ``Adults-
Only'' rating. We believe that they may have and the toughest
penalties need to be applied.
The recent release of ``Grand Theft Auto: San Andreas'' was
widely anticipated by consumers, but an ``Adults-Only''
rating would have severely limited its sales in retail
outlets. It appears that the publisher has blatantly
circumvented the rules in order to peddle sexually explicit
material to our youth, and they should be held accountable.
We stand in agreement that parental involvement is the most
important line of defense in determining the type of content
suitable for children, and the ratings system empowers
parents to do just that. Unfortunately, this latest incident
of deceit has severely degraded the integrity of the ratings
system. How can parents trust a system in which game makers
do an end-run around the process to deliver pornographic
material to our kids?
We appreciate the ESRB's swift action in investigating the
matter and revoking the M rating and ensuring any further
sales of ``Grand Theft Auto: San Andreas'' will be under an
AO rating. But this action should have never been necessary
had Rockstar Games complied with industry standards from the
outset.
We respectfully request that you investigate this matter,
and if Rockstar Games is found to have intentionally deceived
American consumers, we ask that severe sanctions are imposed
to the greatest extent under the law. This type of
profiteering from peddling smut to minors must not be
tolerated. A company cannot be allowed to profit from deceit.
We appreciate your attention to this matter and look
forward to your response.
Sincerely,
Fred Upton, Ed Markey, Joe Barton, John Dingell, and 75
other Members of Congress.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I am a dad. I have got two teenagers. My son has an X Box game. We are very careful in terms of the games that come into our house, both when we go to the store to purchase them as well as what both he and my daughter watch. It is my clear understanding, and the gentlewoman from Minnesota and my colleagues here know it is our understanding, that this particular video game never should have had an ``M'' rating. It always should have been an ``Adults-Only.'' Had it had an ``Adults-Only,'' it would not have been on the shelves of a number of different major retail stores, whether they be Best Buy, Sears, Wal- Mart, et cetera. It was appropriate that they immediately remove those games from their shelves.
It is not appropriate. We are thinking that we are taking the right steps to send that message for all families across this country. Not only did we get the letter that was signed literally in about 10 minutes by more than 75 Members of this House in a bipartisan approach, but I have called the FTC to talk with them as well to make sure that if, in fact, they did violate the standard that they ought to use every sanction that they can to go after this particular manufacturer.
But this resolution spells it all out as well. And I would urge my colleagues to support this resolution because that indeed will send the message not only to this particular gamemaker but to use all the strength that the FTC has for those who violate those standards that we ought to seek sanctions appropriately to go after them so they do not profit from despicable games like this that no 13-year-old ought to be exposed to, let alone families across the country.
Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.
Mr. Speaker, on that I demand the yeas and nays.