16.6.2023
EN
Official Journal of the European Union
C 214/17 Wednesday 18 January 2023
C. whereas video games have a unique creative value compared to computer programs, as recognised by the Court of Justice of the EU (17), and are protected under Directive 2009/24/EC (18) on the legal protection of computer programs and Directive 2001/29/EC (19) on the harmonisation of certain aspects of copyright and related rights in the information society, on which the value chain is based;
D. whereas despite its central role in the European cultural and creative ecosystem, the video game sector is still neglected by policymakers in comparison to other media industries, especially film and other audiovisual products, which generally receive more funding and are used as a model to shape regulations and policies around video games, an approach that does not consider the differences between them;
E. whereas the European video game industry is mainly made up of small and medium-sized enterprises (SMEs) and start-ups, which play an important role in innovation and growth in this sector (20);
F. whereas the video game industry has a complete value chain based on innovation and creativity, encompassing a vast range of skills and know-how; whereas technological developments in the online video game sector are becoming increasingly important and spill over to other sectors and industries like construction, design, retail, education, marketing, virtual/augmented reality and online shopping;
G. whereas some of the companies in the sector use content created by minors and young children; whereas measures should be put in place to protect minors and young children from being commercially exploited as online game content creators (21);
H. whereas video games are one of the most popular forms of entertainment in Europe, alongside other entertainment activities, as a Eurobarometer study from 2019 found that 27 % of Europeans play games online at least once per month compared to 48 % who stream music and 47 % who watch films or TV shows on online platforms;
I.
whereas the functioning of online gaming relies on connectivity in order to provide a stable and high-quality experience; whereas the level of Europeans’ satisfaction regarding upload and download speeds of their internet connections varies across Europe, exceeding 90 % in some Member States and reaching as low as 65 % in others (22); whereas in rural areas, dissatisfaction with internet connectivity is 30 % higher than in urban areas;
J.
whereas online video games can be played on many different devices and can be enjoyed using a number of functionalities, design choices and tools, such as multiplayer mode, real-time voice chat systems, online shopping, augmented reality, virtual reality, free or paid downloadable content, subscriptions and loot boxes, that can shape the gaming experience for players; whereas not all video games enable online interaction with other players; whereas parental control tools exist to disable any interaction with other players;
K. whereas so-called loot boxes containing apparently random objects are usually accessible through the game or can be paid for with real money; whereas they can be sold using game designs, commonly known as dark patterns, which could have negative psychological and financial consequences through unwanted or uncontrolled purchases, especially for minors and young children; whereas there is an ongoing court case in the Netherlands on the measures to apply to loot boxes; whereas Slovakia is also investigating the appropriate measures to take; whereas this lack of a harmonised
(17) (18) (19) (20) (21) (22)
Judgment of the Court of Justice of 23 January 2014, Nintendo Co. Ltd and Others v PC Box Srl and 9Net Srl., C-355/12, ECLI:EU: C:2014:25.
Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs (OJ L 111, 5.5.2009, p. 16).
Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ L 167, 22.6.2001, p. 10).
European Commission, ‘The value of European video games society’, 30 May 2022.
Parker, S., ‘The trouble with Roblox, the video game empire built on child labour’, The Guardian, 9 January 2022.
Kantar at the request of the European Commission, ‘Special Eurobarometer — Report — E-Communications in the Single Market’, June 2021.