I 
109TH CONGRESS 
2D SESSION 
H. R. 6120 
To prohibit deceptive acts and practices in the content rating and labeling 
of video games. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 20, 2006 
Mr. UPTON (for himself, Mr. RUSH, Mr. WYNN, Mr. PITTS, Mr. SHIMKUS, 
Mr. TERRY, Mr. PENCE, Mr. WOLF, Mr. HOEKSTRA, Mrs. BLACKBURN, 
Mr. WELDON of Pennsylvania, and Mr. CAMP) 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Video Game Decency 
Act of 2006’’. 
SEC. 2. REQUIREMENTS FOR CONTENT RATING OF VIDEO 
GAMES. 
It shall be unlawful for any person to ship or other-
wise distribute in interstate commerce any video game 
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that contains a rating label containing an age-based con-
tent rating for that video game where the person, with 
the intent of obtaining a less restrictive age-based content 
rating, failed to disclose content of the video game that 
was required to be disclosed to the independent ratings 
organization that assigned such age-based content rating, 
and which resulted in the video game receiving a less-re-
strictive age-based content rating than otherwise would 
have resulted. 
SEC. 3. UNFAIR OR DECEPTIVE ACT OR PRACTICE. 
A violation of section 2 shall be treated as an unfair 
or deceptive act or practice affecting commerce within the 
meaning proscribed in section 5(a)(1) of the Federal 
Trade Commission Act (15 U.S.C. 45(a)(1)), and shall be 
treated by the Commission as a violation of a rule under 
section 18(a) of such Act. 
SEC. 4. DEFINITIONS. 
As used in this Act— 
(1) the term ‘‘age-based content rating’’ means 
the classification assigned by an independent rating 
organization to a video game for the purpose of in-
forming consumers about the potential suitability of 
a video game for particular age groups; 
(2) the term ‘‘content’’, with respect to a video 
game, means— 
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(A) the software contained in the video 
game that is capable of rendering, depicting, 
displaying, or activating scenes, images, words, 
or sounds on a computer or telecommunication 
device; and 
(B) any scenes, images, words, or sounds 
contained in the video game; 
(3) the term ‘‘independent rating organization’’ 
means the Entertainment Software Rating Board or 
any other organization that assigns age-based con-
tent ratings for video games; and 
(4) the term ‘‘video game’’ means any product, 
whether distributed electronically or through a tan-
gible device, consisting of data, programs routines, 
instructions, applications, symbolic languages, or 
similar electronic information (collectively referred to 
as ‘‘software’’) that controls the operation of a com-
puter or telecommunication device and that enables 
a user to interact with a computer controlled virtual 
environment for entertainment purposes. 
SEC. 5. EFFECT ON OTHER LAWS. 
This Act supersedes any provision of a statute, regu-
lation, or rule of a State or political subdivision of a State 
that regulates the rating of video game content, or regu-
lates the sale, rental, or display of a video game on the 
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basis of the video game’s constitutionally protected con-
tent. 
Æ 
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