The
new measure – known as AB 1179 – is designed to end the underage
sale and rental of violent video games that depict serious injury
to human beings in a manner that is especially heinous, atrocious,
or cruel. Retailers will be fined up to $1,000 for each violation
of the law, which is due to come into force on 1st January.
“Unlike movies where you passively watch violence, in a video
game, you are the active participant and making decisions on who to
stab, maim, burn or kill,” said Assembly Speaker pro Tem Yee,
author of the legislation and also a child psychologist. “As a
result, these games serve as learning tools that have a dramatic
impact on our children.”
But industry group the Entertainment Software Association (ESA)
has vowed to fight the measure. It has already filed lawsuits
against similar laws in Illinois and Michigan, arguing that the
laws violate the First Amendment right to free speech.
“We are disappointed that politicians of both parties chose to
toss overboard the First Amendment and free artistic and creative
expression in favour of political expediency," said ESA President
Douglas Lowenstein, according to the LA Times.
Courts in Indianapolis, St. Louis County in Missouri and
Washington state have already overturned laws restricting the sale
of violent video games because they violated First Amendment
rights.
On Friday the Video Software Dealers Association (VSDA)
announced that it would join with the ESA in mounting the
challenge.
"Not only is AB 1179 a clear violation of the First Amendment,
but it provides no meaningful standards to know which materials are
covered," declared VSDA President Bo Andersen.
"Instead of passing laws that are destined to be overturned by
the courts, the state of California should be encouraging parents
to use the existing video game ratings and content descriptors to
make informed choices about whether to bring a particular video
game into their home," he added.
