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 all pertinent content, in both written and audio-visual form, during the rating process, 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 testers review both a random sample of games well as a number of hand-selected titles to verify
that all pertinent content was fully disclosed. 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.
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 M-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.
Retailer Support
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.
