Laws of Play

Retail Ratings Enforcement Improving

In light of the growing controversy surrounding the re-introduction of the Video Games Ratings Enforcement Act and Grand Theft Auto IV, Sean Bersell of the Entertainment Merchants Association (”EMA”) forwarded me some welcome news this morning: Retailers have shown “major improvements” in ratings enforcement.

According to the FTC’s latest nationwide “undercover shop” of movie, music, and video game retailers, only 20% of underage shoppers were able to buy M-rated video games. The FTC commented that this was “a major improvement from all prior surveys, and down from 42% in 2006.”

Among the retailers tested, EB/GameStop scored the highest and rejected “an impressive 94% of underage shoppers.” Wal-Mart and Best Buy came in second and third, respectively rejecting 82% and 80% of underage purchasers.

Interestingly, “big box” merchants such as Best Buy and Target seemed to be more strict about the sale of video games than other forms of media, a possible reaction to the negative spin on game retailers in the media. The FTC report stated:

Some stores had very different results for different media. For example, while Best Buy rejected 80% of underage buyers of video games, it turned away underage shoppers for PAL music only 47% of the time, R-rated movie DVDs only 38% of the time, and Unrated movie DVDs only 17% of the time. Similarly, Target refused to sell M-rated games to underage buyers 71% of the time, but refused sales of PAL music only 40% of the time, R-rated movie DVDs only 35% of the time, and Unrated movie DVDs in only 23% of the cases.

Read on for a complete breakdown of the FTC’s findings and the full press release from the EMA.

Full FTC breakdown of ratings enforcement by retailer:

EMA Press Release:

Video Game and DVD Retailer Association Hails “Major Improvement” in Ratings Enforcement by Retailers

Federal Trade Commission Cites Significant Progress,
EMA Agrees Continued Improvement Is Needed

ENCINO, CA (May 8, 2008) … The Entertainment Merchants Association (EMA), which represents the retailers of video and computer games and DVDs, said that the results of the latest “undercover shopper” survey by the Federal Trade Commission (FTC) shows that video game and DVD retailers are continuing to make significant progress in increasing the enforcement of the “Mature” rating for video and computer games and the “R” rating for DVDs.

“Video game and DVD retailers don’t want children to be able to purchase or rent video games and DVDs that their parents do not want them to have,” noted EMA President Bo Andersen. “As a result, they have made real and significant investments in enforcing the voluntary video game and motion picture ratings in their stores. The FTC’s latest ‘undercover shopper’ survey demonstrates that these investments are producing strong results, as enforcement rates continue to increase.”

The FTC’s “undercover shopper” survey released today http://www.ftc.gov/opa/2008/05/secretshop.shtm indicates that children the federal agency sent into stores to buy Mature-rated computer and video games were turned down 80% of the time and that those sent into stores to purchase R-rated movies were turned down 53% of the time. The turn-down rate for video games increased from 58% in the previous FTC “undercover shopper” survey, which was released in April 2007, and was up from 16% in the first survey, conducted in 2000. The turn-down rate for R-rated movies increased from 29% in the survey released last year.

“While we are pleased with the progress that has been made in ratings enforcement, retailers still are not where they want to be as an industry,” Andersen said. “EMA will continue to work with its members to increase video game and DVD ratings enforcement to even higher levels.”

Andersen also noted that the Coalition of Entertainment Retail Associations (CERTA), of which EMA is a member, has declared June 2008 to be “Entertainment Ratings & Labeling Awareness Month.” As part of “Entertainment Ratings & Labeling Awareness Month,” EMA recommends that parents take a few simple steps to ensure that entertainment is appropriate for their children:

Look for the movie or video game rating and content descriptors before they purchase;

• Watch the movie or play the video game with their child. Communicate with children about what the entertainment is about and what they can learn from it;
• Set appropriate limits and prevent entertainment time from interfering with duties such as homework, sports, and chores; and
• Make full use of the parental control features of new-generation video game consoles to lock out access to Mature- and Adult Only-rated video games.

The Entertainment Merchants Association (EMA) is the not-for-profit international trade association dedicated to advancing the interests of the $33 billion home entertainment industry. EMA represents approximately 600 companies throughout the United States, Canada, and other nations. Its members operate approximately 23,000 retail outlets in the U.S. that sell and/or rent DVDs and computer and console video games and digitally distributed versions of these products. Membership comprises the full spectrum of retailers (from single-store specialists to multi-line mass merchants, and both brick and mortar and online stores), distributors, the home video divisions of major and independent motion picture studios, and other related businesses that constitute and support the home entertainment industry. EMA was established in April 2006 through the merger of the Video Software Dealers Association (VSDA) and the Interactive Entertainment Merchants Association (IEMA).