Enforcement
Ratings
As the game industry’s self-regulatory body, ESRB is responsible for the enforcement of its rating system. Every publisher of a game rated by the ESRB is legally bound, by contract, to disclose during the rating process all content required to rate the game, in both written and audio-visual form, including content that may not be playable but will exist in the code on the final game disc (i.e. "locked out"). After a game is released, ESRB staff, including raters (time permitting), play-test the final version of a variety of games - including but not limited to games which generate consumer inquiries to ESRB and those which receive broad consumer exposure - to verify that all materials provided by the games' publishers during the rating process were accurate and complete. In the event of incomplete disclosure during the rating process which affected or could have affected the assignment of a rating or content descriptor, an ESRB enforcement action may be initiated, which could result in revocation of the original rating and the imposition of sanctions, including monetary fines. Corrective actions may also be required of the publisher to ensure that all game packaging and advertising materials are accurately labeled. Examples of corrective actions include the re-labeling of product inventory and unsold product at retail or, potentially, a product recall. Where warranted in order to ensure compliance with its directives, ESRB can suspend rating services altogether.
Games that will be available solely via download directly through console storefronts (such as Microsoft Xbox LIVE® Arcade, Nintendo Wii® or DSi™ Shop and Sony PlayStation® Store) are rated via a streamlined rating process. Publishers of these games are required to fill out a form containing a series of questions that address their games' content and other details necessary to assign an appropriate rating. Where it is determined that a publisher's failure to fully disclose all relevant content has resulted in the assignment of an inappropriate rating, ESRB will immediately advise the console manufacturer(s) on whose system the game is available of the revised rating and they will promptly substitute the correct rating. Should there be a case of egregious content non-disclosure, the product (as well as all marketing materials promoting the product) will be removed immediately from all storefronts, menus and/or other points of access pending a re-submission for rating.
Advertising & Marketing
Publishers of games carrying an ESRB rating are also legally bound to follow the industry-adopted Principles and Guidelines for Responsible Advertising Practices and comply with numerous requirements addressing how ratings information must be displayed on game packaging and in advertising, as well as restrictions on where ads for Teen-rated, Mature-rated and Adults Only-rated games may appear.
ESRB’s Advertising Review Council (ARC) diligently monitors and enforces compliance with industry marketing guidelines across TV, print and online media vehicles. In the event that a game publisher inappropriately labels or advertises a product, the ESRB is empowered to compel corrective actions and impose a wide range of sanctions, including monetary fines where and when appropriate.
Retailers
Although it does not have the legal authority to implement or enforce retailer sales policies with respect to computer and video games, the ESRB works closely with retailers and game centers to: a) provide in-store signage which explains the rating system; b) support their store policies pertaining to the sale or rental of Mature-rated games to minors; and c) help educate and train store associates and employees with regard to the rating system. For more information on the ESRB retail partnership program and the ESRB Retail Council (ERC), click here.
Game Enthusiast Websites
While ESRB's regulatory oversight extends only to game publishers, ESRB works diligently to ensure that consumers are presented with rating information wherever games are promoted and that access to material intended for older viewers is appropriately restricted. Furthering that commitment, the ESRB Website Council (EWC) was established as a partnership of many of the top game enthusiast websites, all of which commit to a set of common standards regarding the display of ESRB rating information and use of age-gates for trailers of Mature-rated games. The EWC Code mirrors many of the same requirements that ARC requires of game publisher websites, expanding the reach of the video game industry's unrivaled commitment to responsible marketing practices. For more information about the ESRB Website Council and a list of member websites, click here.
