Entertainment Software Rating Board

Background

Video games with objectionable content date back as far as 1976; the arcade game Death Race required users to run over "gremlins" with a vehicle and avoid the gravestones they leave behind. Although its graphics were relatively primitive, the game's overall theme and the sound effects made when gremlins were killed were considered disturbing by players, prompting media attention. A developer known as Mystique became known for making sexually explicit adult video games for the Atari 2600 console, but garnered the most attention with its 1982 game Custer's Revenge, which featured a crude simulation of the rape of a Native American woman. Atari received numerous complaints about the game, and responded by trying to sue the game's makers.

A 1983 industry crash, caused by the market being overrun with low-quality products, prompted a higher degree of regulation by future console manufacturers: when the Nintendo Entertainment System (NES) was launched in the United States in 1985, Nintendo of America instituted requirements and restrictions on third-party developers, including the requirement for all games to be licensed by the company. The console itself also included a lockout chip to enforce this requirement and prevent the console from loading unlicensed games. Such leverage on developers has since become a standard practice among console makers, although Nintendo of America also had stringent content policies, frequently censoring blood, sexual content, and references to religion, tobacco and alcohol from games released on its consoles in the United States.

When asked in 1987 about the suitability of a film-like rating system for video games, a representative of the Software Publishers Association said that "Adult computer software is nothing to worry about. It's not an issue that the government wants to spend any time with... They just got done with a big witchhunt in the music recording industry, and they got absolutely nowhere". The association did recommend voluntary warnings for games like Leisure Suit Larry in the Land of the Lounge Lizards (1987).

Formation and early years

Video games' progression into the 1990s brought dramatic increases in graphics and sound capabilities, and the ability to use full-motion video (FMV) content in games. In the United States Senate, Democratic Senators Joe Lieberman of Connecticut and Herb Kohl of Wisconsin led hearings on video game violence and the corruption of society which began in 1993. Two games of this era were specifically cited in the hearings for their content; the fighting game Mortal Kombat featured realistic, digitized sprites of live-action actors, blood, and the ability to use violent "fatality" moves to defeat opponents, while Night Trap featured 90 minutes of FMV content, with scenes that were considered to be sexually suggestive and exploitive. Both Nintendo and Sega had differing views on objectionable content in video games; a port of Mortal Kombat for the Super NES was censored to remove the game's overly violent content, whereas the port for Sega consoles retained much of this content, which helped increase sales. In May 1993, British censors banned Night Trap from being sold to children under 15 years old in the United Kingdom, which was an influence on Sega's decision to create an age rating system.

At the time of the 1993 hearings, there was no industry-wide standard in place for rating video games, which was a point of contention at the hearings. Sega had implemented its own voluntary ratings system, the Videogame Rating Council (VRC), largely to rate games released for its own consoles, which Nintendo largely disputed. The 3DO Interactive Multiplayer platform had its own age ratings voluntarily determined by game publishers, and the Recreational Software Advisory Council (RSAC) was formed for rating PC games, which used a system that rated the intensity of specific classes of objectionable content, but did not use age recommendations. However, Lieberman did not believe that these systems were sufficient, and in February 1994, threatened to propose the creation of a federal commission for regulating and rating video games. Stores like Toys "R" Us refused to sell titles they deemed were too violent for children following the hearings.

With the threat of federal regulations, a group of major video game developers and publishers, including Acclaim Entertainment and Electronic Arts along with Nintendo and Sega, formed a political trade group known as the Interactive Digital Software Association in April 1994, with a goal to create a self-regulatory framework for assessing and rating video games. While Sega had proposed that the industry use its VRC rating system, Nintendo representatives objected to the idea because they did not want to associate themselves with the work of their main competitor; instead, a vendor-neutral rating system known as the Entertainment Software Rating Board (ESRB) was developed. The formation of the ESRB was officially announced to Congress on July 29, 1994. The ESRB was officially launched on September 16, 1994; its system consisted of five age-based ratings; "Early Childhood", "Kids to Adults" (later renamed "Everyone" in 1998), "Teen", "Mature", and "Adults Only". The ESRB was the first rating system to also use "descriptors" with brief explanations of the content contained in a game, as the ESRB found that parents wanted to have knowledge of this type of content before they purchased games for their children.

The U.S. arcade gaming industry did not adopt the ESRB system, with the American Amusement Machine Association (AAMA) having cited "fundamental differences between the coin-operated and consumer segments of the video game industry" as reasoning. The AAMA, the Amusement & Music Operators Association, and the International Association for the Leisure and Entertainment Industry, adopted their own three-tier "Parental Advisory System" in 1994, which uses three color-coded levels of content intensity (designated by green, yellow, and red stickers affixed to arcade cabinet artwork).

Expansion and recent developments

Alongside its efforts to classify video games, the ESRB also formed a division known as Entertainment Software Rating Board Interactive (ESRBi), which rated internet content using a similar system to its video game ratings. ESRBi also notably partnered with the internet service provider America Online to integrate these ratings into its existing parental controls. ESRBi was discontinued in 2003.

The ESRB enforces guidelines that have been adopted by the video game industry in order to ensure responsible advertising and marketing practices. These include ensuring that game packaging and promotional materials (including advertisements and trailers) properly display rating information, restricting where promotional materials for games rated "Teen" or higher can appear, prohibiting publishers from glamorizing or exploiting a game's rating in marketing materials, and requiring online marketing of games rated "Mature" or higher to be restricted to users who are appropriately aged. This allows the ESRB to restrict video game advertising "to consumers for whom the product is not rated as appropriate." The board also forbids ratings from other organizations from being shown alongside ESRB ratings on publishers' websites or social media outlets.

A group of online gaming publications known as the ESRB Website Council operates under a similar code of conduct, which requires them to display ESRB ratings information for games that they cover, and implement systems to restrict access to audiovisual content depicting M or AO-rated games to users who are appropriately aged.

In March 2013, the ESRB eased certain restrictions on the promotion of M-rated games. Firstly, trailers for games that are or are anticipated to be rated "Mature" can be cleared by the ESRB as being appropriate for "general" audiences—similarly to the "green band" ratings issued by the MPAA for film trailers. Secondly, the board began to allow, on a case-by-case basis depending on the target demographic of the game, M-rated games to be cross-promoted in the marketing materials of games with lower ratings.