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this post was submitted on 16 Dec 2024
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Not entirely sure about the European PEGI, but the American ESRB is funded by the same companies that it regulates. It was created after the outcry about violent games and was the industry self-regulating to avoid the government getting more involved.
It is a lobby group for the industry, for better and in this case very much for worse.
I assume PEGI is little different.
PEGI and many other groups are private groups. They're not an authority of any form. They're not associated with government, public regulation, or public election. They're a group of people that create their own standards outside of the ISO or any actual regulation representing the public.
Some countries do have actual public systems, but many just have these private groups that know best.
They're private groups that do the ratings but ESRB is enforced by laws in some Canadian provinces for instance and PEGI is enforced by law in some European countries. They do have a de facto authority in those places as a publisher can't just decide to disregard their ratings and sell to minors anyway or something.
In Austria PEGI is "enforced" in Vienna while USK is "enforced" in Salzburg (and Germany, the reason why they buy all their games here). And PEGI might be shit, but USK is a million times worse.
USK rated Balatro with a minimum age of 12 because of "elements resembling gambling". Sounds more reasonable to me than the PEGI rating.
German Authorities (technically not USK but USK is affiliated to them completely banned Wolfenstein, Dying Light, etc. Not 18+ or whatever it's straight up illegal to promote or openly sell them in Germany.
This is all well and true, but it's important to note that these organizations exist as a sidestep to regulation, they are formed by industry insiders as a promise to the regulators that they will be honest about how they rate games (or movies or music) so that the government doesn't actually get involved and do it's job.
It's a form of regulatory capture that allows the industry itself to decide what is harmful to us.
It's basically the definition of conflict of interest.
To clarify: the ESRB is the rating arm. The ESA that runs it? That's the lobbying arm.
In fairness, I would much rather that than governments directly controlling access, creating an additional form of direct censorship.
Not saying what we have now is great or anything though. I'm not exactly defending it.
I largely agree, but the interests have gotten misaligned. Back then it was the threat of regulation which changed things up, I think the governments should do a little more of that.
Eeeeh, at least then there would theoretically be public accountability. The FCC has limited censorship power that they're generally unobjectionable with.
I'm honestly more concerned with the censorship from private enterprises than with government consorship currently. Less accountability and less recourse.
It also really only becomes censorship if the rating system is used to prohibit speech. If we instead made it more like the nutritional guidelines on food it could instead give more of a content breakdown than setting an arbitrary age.
That's the whole issue with it being a lobby group. It makes them a ton of money, so they are incentivised against making a rating for it because that would draw more attention/limit sales.
And that's where the whole government lobbying part comes in.