Universal Entertainment Ratings Systems
The idea of a blanket universal entertainment ratings system may sound reasonable, however, a central body would be needed in order to rate all of the products and entertainment, including television, movies, music, games, or whatever else may exist or later become available. Ultimately, a logistical problem would occur, since it is unrealistic that just one entity would be able to rate all of the content produced across that broad a spectrum. The sheer volume of material demonstrates that there are many layers which represent the entertainment industry. Therefore, whatever entertainment ratings system is utilized would have to be adjustable to the many divergent mediums, which is unrealistic.
Mr. Taylor explained, “An ‘M’ rated game, [would not necessarily] equal the same on television. What it would equal on the screen, and other media, [may differ as well]. In addition, just how to fit everything into neat categories for the consumer could be very confusing. The simplicity of the G, PG, PG-13, R, of the motion picture industry and the E, T and M of the ESRB system, are clear. The [fact that] people understand them, for the incredible level of content, [confirms that] the ESRB provides a system that actually is a benefit to the ultimate audience, which is consumers.”
The ESRB can actually be much more beneficial to the public than a unified rating system for music, movies and games. This is because the government cannot regulate the content of a game, as it is considered “protected speech” under the First Amendment. Numerous attempts to violate that protection, at state levels, have generally failed. According to Mr. Taylor, twelve consecutive decisions have been defeated on the grounds of unconstitutionality.
According to information released by the ESRB, “After consulting a wide range of child development and academic experts, analyzing other rating systems and, most importantly, listening to parents, the ESRB found that what consumers really wanted in a video game rating system was both age-based rating categories as well as concise, impartial information about what type of content is in the game. Parents felt strongly that a rating system should inform and suggest, not prohibit.”
The ESRB created and implemented the first two-part rating system, which includes both a rating category to suggest age-appropriateness, as well as content descriptors to indicate what content may have triggered the rating and/or may be of interest or concern to the consumer. The result is a rating system that is universally adopted by the industry, supported by retailers and is consistently described by parents and opinion leaders as the best entertainment rating system in the U.S.
The ESRB Compares to the MPAA
The importance of the ESRB may be best understood when compared to what occurred in the motion picture industry with regard to regulation. After the U.S. Supreme Court ruled in 1915 (Mutual Film Corporation v. Industrial Commission of Ohio) that motion pictures were not governed by the First Amendment, ordinances banning the public exhibition of "immoral" films multiplied. Fostered by public outcry over perceived immorality in the movies, along with the growing number of city and state censorship boards, the industry trade and lobby organization - Motion Pictures Producers and Distributors Association (later, the Motion Picture Association of America or MPAA in 1945) was created.
The MPAA was headed by Will H. Hays, a Republican lawyer, former U.S. Postmaster General, and campaign manager for President Warren G. Harding in 1920. Mr. Hays immediately instituted a morality clause to apply to anyone working in films, which helped to quash attempts to institute federal censorship over the film industry.
Mr. Taylor recalled, “They came up with these incredibly silly rules about what you could and could not do in movies. If I remember correctly, you could not say the word “abortion.” There were also many other rules which literally choked the ability to tell stories.”
Developed as a production censorship tool, the Hays Code (Code) was created as a set of industry guidelines governing the making and filming of motion pictures in the U. S. The MPAA adopted the code in 1930, effectively enforcing it in 1934. The Code specifically described what was considered “morally” acceptable or unacceptable content, for all motion pictures produced for public audiences.
Of course, the most problematic issues as a result of the Code were just how to enforce its "General Principles," which encompassed the following:
1. “No picture shall be produced that will lower the moral standards of those who see it. Hence the sympathy of the audience should never be thrown to the side of crime, wrongdoing, evil or sin.
2. Correct standards of life, subject only to the requirements of drama and entertainment, shall be presented.
3. Law, natural or human, shall not be ridiculed, nor shall sympathy be created for its violation.”
How to interpret the Code adequately in the creation of a story of any interest became the bane of existence for many a filmmaker and studio, during the time that those principles were in place. Most would agree that almost any film could fall outside of the confines of the Code.
In 1968, the MPAA finally abandoned the Code, in favor of the subsequent MPAA film rating system. In so doing, the motion picture rating system was developed and basically freed the movie business for creative works, so that films such as Midnight Cowboy, the Godfather movies and Jaws were possible. Prior to the new rating system, it would have been impossible to advance to the kinds of films we enjoy today.
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