I 

110TH CONGRESS 

1ST SESSION H. R. 1531 

To prohibit deceptive acts and practices in the content rating and labeling 

of video games. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 15, 2007 

Mr. UPTON (for himself and Mr. RUSH) (both by request): introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To prohibit deceptive acts and practices in the content rating 

and labeling of video games. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Video Game Decency 

5 Act of 2007’’. 

6 SEC. 2. REQUIREMENTS FOR CONTENT RATING OF VIDEO 

7 GAMES. 

8 It shall be unlawful for any person to ship or other9 wise distribute in interstate commerce any video game 

10 that contains a rating label containing an age-based conVerDate Aug 31 2005 22:22 Mar 16, 2007 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1531.IH H1531

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1 tent rating for that video game where the person, with 

2 the intent of obtaining a less restrictive age-based content 

3 rating, failed to disclose content of the video game that 

4 was required to be disclosed to the independent ratings 

5 organization that assigned such age-based content rating, 

6 and which resulted in the video game receiving a less-re7 strictive age-based content rating than it otherwise would 

8 have resulted. 

9 SEC. 3. UNFAIR OR DECEPTIVE ACT OR PRACTICE. 

10 A violation of section 2 shall be treated as an unfair 

11 or deceptive act or practice affecting commerce within the 

12 meaning proscribed in section 5(a)(1) of the Federal 

13 Trade Commission Act (15 U.S.C. 45(a)(1)), and shall be 

14 treated by the Commission as a violation of a rule under 

15 section 18(a) of such Act. 

16 SEC. 4. DEFINITIONS. 

17 As used in this Act— 

18 (1) the term ‘‘age-based content rating’’ means 

19 the classification assigned by an independent rating 

20 organization to a video game for the purpose of in21 forming consumers about the potential suitability of 

22 a video game for particular age groups; 

23 (2) the term ‘‘content’’, with respect to a video 

24 game, means— 


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1 (A) the software contained in the video 

2 game that is capable of rendering, depicting, 

3 displaying, or activating scenes, images, words, 

4 or sounds on a computer or telecommunication 

5 device; and 

6 (B) any scenes, images, words, or sounds 

7 contained in the video game; 

8 (3) the term ‘‘independent rating organization’’ 

9 means the Entertainment Software Rating Board or 

10 any other organization that assigns age-based con11 tent ratings for video games; and 

12 (4) the term ‘‘video game’’ means any product, 

13 whether distributed electronically or through a tan14 gible device, consisting of data, programs routines, 

15 instructions, applications, symbolic languages, or 

16 similar electronic information (collectively referred to 

17 as ‘‘software’’) that controls the operation of a com18 puter or telecommunication device and that enables 

19 a user to interact with a computer controlled virtual 

20 environment for entertainment purposes. 

21 SEC. 5. EFFECT ON OTHER LAWS. 

22 This Act supersedes any provision of a statute, regu23 lation, or rule of a State or political subdivision of a State 

24 that regulates the rating of video game content, or regu25 lates the sale, rental, or display of a video game on the 


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1 basis of the video game’s constitutionally protected con2 tent. 

Æ 


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