10-19-2005, 10:19 AM
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#20 (permalink)
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Junkie
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Update: The Governator signed the bill several days ago and they're ready to enforce it, effective Jan 1st, 2006.
http://biz.gamedaily.com/features.as...feature&email=
Quote:
Wednesday, October 19, 2005
Battle Over AB 1179
Yee Scolds Game Industry, Fights to Preserve New Violent Games Law
California Assemblyman Leland Yee (left), who authored violent games bill AB 1179, is fighting with the help of Gov. Schwarzenegger, who signed the bill into law, to make sure that the new law is upheld and withstands the legal assault from the video game industry. The ESA and VSDA believe the bill will be found to be unconstitutional.
Just one day after the Entertainment Software Association (ESA) and the Video Software Dealers Association (VSDA) officially filed a complaint in federal court to strike down AB 1179, which makes it a crime for retailers to rent or sell violent video games to minors, California Assemblyman Leland Yee (who drafted the bill) has responded to the lawsuits and blasted the video game industry "for failing to protect the interests of children."
Yee slams industry, Governator backs him
"The $31 billion video game industry is not concerned with the health and welfare of our children; they are simply concerned with their own financial interests," commented Speaker pro Tem Yee (D-San Francisco/Daly City). "The new California law has been drafted with the help of constitutional experts to pass such a challenge and I expect the courts to agree."
Until Republican Governor Arnold Schwarzenegger signed the bill into law earlier this month, there had been some doubt as to whether or not he would be supportive of the legislation because of his ties to the entertainment industry. Now that his signature is on the bill, Gov. Schwarzenegger is showing full support for Yee's cause and together they are determined to make the law hold up.
"Ten days ago I signed into law legislation that requires violent video games be clearly labeled and prohibits their sale 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. California's new law will ensure parental involvement in determining which video games are appropriate for their children. I believe strongly that we must give parents the tools to help them protect their children. I will do everything in my power to preserve this new law and I urge the Attorney General to mount a vigorous defense of California's ability to prevent the sale of these games to children," Gov. Schwarzenegger said in a statement.
Psychological effects
Yee, who is also a child psychologist, is convinced that violent video games have adverse effects on children. Although there's no proven direct link between violence in video games and youth violence in real life, the American Psychological Association did recently publish the results of research indicating that violent games lead to increased aggression and psychological arousal in children and adolescents.
"The medical data clearly indicates that these ultra-violent video games have harmful effects on kids, and thus we have a state interest to protect them," said Yee. "In addition, this law does not ban the development, the distribution, or the sale of any video games, but rather simply limits the sales of the most violent games to minors. This is simply a tool to help parents raise healthy kids."
Yee then went on to cite a child death penalty case from earlier this year, Roper v. Simmons, in which the Supreme Court ruled that children are different in the eyes of the law due to brain development.
"History has proven in cases of child labor and physical assault on children that we can and should pass laws to protect them. I am a strong believer in the First Amendment and in free speech, but when a game allows a player to virtually commit sexual assault and murder, as a society we must do what we can to protect our children, as we do for alcohol, tobacco, and pornography, among other items," Yee continued. "I look forward to working with the Governor and the Attorney General in making sure this law withstands the legal attacks of the video game industry."
Should be the parents' job
ESA President Douglas Lowenstein, however, believes that the combination of good parenting and education about the current ESRB ratings should be enough to keep mature games out of the hands of children. "It is not up to any industry or the government to set standards for what kids can see or do; that is the role of parents. Additionally, everyone involved with this misguided law has known from the start that it is an unconstitutional infringement on the First Amendment freedoms of those who create and sell video games," he said.
AB 1179, if upheld, goes into effect on January 1, 2006, at which time any retailer caught selling a violent game to a minor would be fined up to $1000 for each offense.
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