ESRB's "explanation" for asking Dark Sector trailers online to be removed |
In an earlier post, we reported that the Entertainment Software Rating Board (d sESRB) "requested" that the Dark Sector trailers be removed from the internet. Destructoid, one of the websites that got curious about ESRB's request, got in touch with ESRB to get further explanation how Dark Sector's trailer - which had an age gate - merited a recall. AO-rated trailers with age gates can be posted on the web, so what did D3 Publisher's video game do to earn the ire of ESRB?Here is part of the email that Destructoid received, which is one of Patricia Vance's statements handpicked by a press relations personnel in the ESRB:
Since 2005, ARC guidelines have required that trailers for M-rated games on publisher websites be displayed behind an age gate to help restrict viewing to those visitors who are 17 and older.
Then the next paragraph continues with:
The mere presence of an age gate does not permit a publisher to simply put whatever content it wishes into the trailer. All trailers must still conform to ARC's Principles and Guidelines, which prohibit the display of excessively violent content or any content likely to cause serious offense to the average consumer.
The rest of the email is simply an extrapolation of the above statements. What's strange is that the email is not a direct answer to the question why Dark Sector got a trailer recall. We can't help but think that the email response was a bit vague at best.
Destructoid tried to make heads or tails regarding ESRB's statement. They checked out ESRB's guidelines, where it is stated that graphic displays of weapon use as well as gratuitous violence should be avoided, but there is also the disclaimer in the same set guidelines that:
These Guidelines are not intended to restrict or impede creative and/or innovative advertising. Rather, the following areas merely highlight certain types of content that publishers should avoid when creating advertisements.
Sure, Dark Sector did kind of hit the graphic display of weapon use as well as gore, but there are also a number of video game trailers that got away with it. It is also worth mentioning that trailers for AO-rated games are permitted.
If the ESRB won't give any comprehensive reason why it requested Dark Sector's trailers to be removed, this may confuse game developers won't know exactly what's acceptable and what isn't in game trailers as they'll only have a vague set of rules to chew on.
Destructoid is convinced that something strange is going on, and is determined to get concrete answers regarding this issue.
Here is the entirety of the ESRB's emailed response:
The ESRB's Advertising Review Council (ARC) regularly monitors game ads and trailers to make sure that they adhere to industry-adopted Principles and Guidelines for Responsible Advertising Practices (http://www.esrb.org/ratings/principles_guidlines.jsp), which were established in 2000. Since 2005, ARC guidelines have required that trailers for M-rated games on publisher websites be displayed behind an age gate to help restrict viewing to those visitors who are 17 and older. Game publishers are also required to use best efforts with respect to ensuring the presence of age gates on third party websites that display their M-rated game trailers. If a third party site insists on carrying a trailer for an M-rated game without placing it behind an age gate, our guidelines require the publisher to request that such trailer be removed and/or provide an edited version of the trailer to be used in its place.
However, the mere presence of an age gate does not permit a publisher to simply put whatever content it wishes into the trailer. All trailers must still conform to ARC's Principles and Guidelines, which prohibit the display of excessively violent content or any content likely to cause serious offense to the average consumer. When ESRB notifies a publisher that the content in a trailer is in violation of these ARC requirements, or that there is an age gate issue on a third party site, that publisher then must notify third party sites to rectify the problem. The notices issued recently by game publishers to third party websites are simply that - steps in a chain of publisher compliance with ARC guidelines and the ESRB enforcement system that have been occurring since their establishment seven years ago.
- ESRB president Patricia Vance
Buy: [Dark Sector (PS3)]
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Comments
but if somebody goes to look at the trailer they would most likely not be the type to be offended by it.
What ever happened to the freedom of speech? I'm pretty sure the ESRB doesn't overrule the Bill of Rights. I mean, unless they threaten to do something like not rate Dark Sector(which would likely keep it off of most retailer's shelves), there is no reason that the trailers can't stay online
Even though i think this whole thing is rediculous considering the amount of violence in video clips online in general, I can see their point about the age gate. The gate merely asks you to put in a birthdate (ANY birthdate) that indicates the person born on that date is 17+; any kid who is not completely stupid could figure this out by trial and error.
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