H.R. 5990 (110th): Video Games Ratings Enforcement Act

The text of the bill below is as of May 7, 2008 (Introduced).

Source: GPO

I

110th CONGRESS

2d Session

H. R. 5990

IN THE HOUSE OF REPRESENTATIVES

May 7, 2008

(for himself and Mr. Terry) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To require ratings label on video games and to prohibit the sales and rentals of adult-rated video games to minors.

1.

Short title

This Act may be cited as the Video Games Ratings Enforcement Act.

2.

Rating label requirement for video games

(a)

Conduct prohibited

It shall be unlawful for any person to ship or otherwise distribute in interstate commerce, or to sell or rent, a video game that does not contain a rating label, in a clear and conspicuous location on the outside packaging of the video game, containing an age-based content rating determined by the Entertainment Software Ratings Board.

(b)

Requirement of retailers To post ratings information

Not later than 180 days after the date of the enactment of this Act, the Federal Trade Commission shall promulgate rules requiring all retail establishments engaged in the sale of video games to display, in a clear and conspicuous location, information about the content rating system of the Entertainment Software Ratings Board. Such rules shall prescribe the information required to be displayed concerning the basic age-based content ratings of such Board.

3.

Prohibition on sales and rentals of adult-rated video games to minors

It shall be unlawful for any person to sell or rent, or attempt to sell or rent—

(1)

any video game containing a content rating of Adults Only (as determined by the Entertainment Software Ratings Board) to any person under the age of 18; or

(2)

any video game containing a content rating of Mature (as determined by such Board) to any person under the age of 17.

4.

Enforcement by the Federal Trade Commission

(a)

Unfair or Deceptive Act or Practice

A violation of sections 2 or 3 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act.

(b)

Penalty

Notwithstanding section 5(m) of the Federal Trade Commission Act (15 U.S.C. 45(m)), any person who violates section 2 or 3 of this Act shall be subject to a civil penalty of not more than $5,000 per violation.