Legal_and_Ethical_Issues_Concerning_Violence_in_Video_Games

Legal and Ethical Issues concerning Violence in Video Games 1 Legal and Ethical Issues Concerning Violence in Video Games Nadine Pryor Park University February 2013 Legal and Ethical Issues concerning Violence in Video Games 2 Outline I. Introduction II. Freedom of Speech III. Freedom of Speech Cases a. N.W.A. b. Larry Flynt c. George Carlin IV. Negative effects of video games V. Positive effects of Video games VI. Conclusion Legal and Ethical Issues concerning Violence in Video Games 3 Technology is growing more and more in the future. Video games are becoming quite realistic and popular among the young people. They can even play them on the computer with people they have not met before and just play within the virtual world. Some can be educational, but there are concerns where there is violence, drugs, killing, sexual, racial, disrespect and the list goes on and on. On the contrary, the world of video games brings in quite a bit of money. The issue of video game violence and whether or not it causes violent behavior in minors is one more and more addressed in media discussions about violence in the general public. Video games can draw negative attention and it may result in addiction, aggression and not doing so well in school. While it seems that society draws negative attention toward violence in video games, it is protected by Freedom of Speech. The case of Brown v. Entertainment Merchants Association formally known as Schwarzenegger v. Entertainment Merchants Association is concerned with the freedom of speech along with the restricting the sale of violent video games to minors. When the case is sent to court, they find it unconstitutional. This case was trying to get the states to place constitutional limits and requiring labels on the video games along with not selling to underage children but it shows that it violates the First and Fourteenth Amendments. California was trying to prohibit selling or renting video games that are violent to underage children. The ruling also came to the agreement that it affected the right to freedom of speech. If it affects the right to freedom of speech, then how come sexual and violent materials are separate from this' Video games in this particular matter are protected by the Freedom of Speech. In the case of Brown v. Entertainment Merchants Association, Justice Breyer points out a double standard. "What sense does it make," Legal and Ethical Issues concerning Violence in Video Games 4 he asked, "to forbid selling to a 13-year-old boy a magazine with an image of a nude woman, while protecting a sale to that 13-year-old of an interactive video game in which he actively, but virtually, binds and gags the woman, then tortures and kills her'" He went further: "What kind of First Amendment would permit the government to protect children by restricting sales of that extremely violent video game only when the woman — bound, gagged, tortured, and killed — is also topless'" (Cohen, 2010) He then would have agreed and ruled that the video game ban is unconstitutional. Although many do not agree with the violent content of video games, the video game industry has Freedom of Speech protection much like the N.W.A., Larry Flynt, and George Carlin cases. In the N.W.A. case, “First Amendment activists and a member of Congress said that the FBI may have stepped out of line with a letter accusing a Compton rap group of encouraging "violence against and disrespect" for law enforcement officers.” (Hochman, 1989) The F.B.I. should not really be handling cases such as censorship. However, they had mentioned police officers who were killed recently and lyrics like this should not be disrespecting law enforcement. The disagreement can be made that ethnic motivations also played a large role in the FBI’s 1989 letter to the rap group N.W.A. The F.B.I.’s intended to notify the rap group that their song “F*** Tha Police” was not at all respected by the government. The song is basically in a mock courtroom where the band acts as they were in a courtroom and has vulgar language that disrespects police in Compton. Members of the group also relate a series of threats and brutal fantasies about retaliating against law enforcement. N.W.A. followers argue the group was only trying to express their aggravation of inner-city blacks and having areflection to their everyday Legal and Ethical Issues concerning Violence in Video Games 5 actuality. While no legal action took place, the example helps give context to the pressures behind government and music censorship. Goldberg, who is president of Gold Mountain Entertainment, says "It is completely inappropriate for any government agency to try to influence what artists do, it is completely against the American tradition of free speech and government non-interference for government agencies to criticize art, because such criticism carries with it an implied threat." (Hochman, 1989) As for the Larry Flynt case, he suffered through a tough time in his life and had a lot of misfortune. On the brighter side, he had a lot of support from his lawyer and they fought together for what he believed was right. His case wound up going to the Supreme Court. The outcome was an important factor in the First Amendment and the American way of life. The court established that the free speech guaranties of people like Jerry Falwell, who have suffered and are trying to recuperate emotional distress caused by Larry Flynt posting some inappropriate material that was proved not to be of cruelty. “Therefore, the U.S. Supreme Court reversed the lower court’s decision, citing the First Amendment free speech guaranties and the rule of law that public figures cannot recover from the tort of intentional infliction of emotional distress unless malice is proven.” (Law School Authority, n.d.) George Carlin was known for his Seven Words that you can never say on television. It eventually became a case for the Supreme Court back in 1978. It started because a man and his son were driving in a car, heard the profanity over the radio and filed a complaint with the Legal and Ethical Issues concerning Violence in Video Games 6 Federal Communications Commission (FCC). The Supreme Court found that the FCC had the right to regulate curse words and offensiveness on live programming. Over the years, since his case was in the Supreme Court, his comic routine varied. His wit and using profanity did not please everyone. Not everyone is going to be happy with what comedians have to say. “But it's indisputable that his freedom of expression enlivened the ongoing debate in America over free speech -- what's desirable, what's acceptable and what crosses the line (and when) into what's not permitted” (Policinski, 2008) Opponents of violent video games argue that they should be strictly regulated because of the harm they cause to children. Some studies of children show they can become invulnerable to the violence and may act out on what they see. Their behavior could change and become more destructive. Children with mental abilities are affected more by intense images. Video games are addicting, especially for the younger crowd. If that is all they do, it develops poor social skills, no time for school or family, failing grades at school, and not exercising. On the other hand, there are positive effects that show video games are not dangerous towards children and teens. Children’s minds are stimulated and work while playing video games. Some of the intellectual abilities they learn are to follow instructions, solving problems, hand-eye coordination, fine motor skills, concentrating, risk taking, exploring, teamwork and the list goes on and on. Believe it or not, playing video games yourself can help you bond with your child. Maybe your child can teach you a thing or two. Learning by reading books or in a regular Legal and Ethical Issues concerning Violence in Video Games 7 classroom can be boring, online gaming can make learning more exciting. “Research from Michigan State University has found that boys and girls who play video games tend to be more creative, regardless of whether the games are violent or nonviolent.” (Darragh, 2011) Video games can increase children’s speed when they make their own decisions; self-confidence can be lifted as he works his or her way through the game. If there are several online players, they can work together as a team. If the child is playing what would be considered a violent game, they can act out their frustration on the game from stress that has built up from elsewhere. If parents are concerned with what game their child is playing, they can see what type of game they are playing, how long they are playing it, and making sure it’s appropriate for their age. Parents should be aware of the rating on the game. If it is for teen or mature and their child is 8, then that should alert them it is not age appropriate. Parents shouldn’t buy a game for a child that is rated 10 and up if their child is only 7. The president of the Entertainment Software Rating Board (ESRB) states “I’m obviously pleased to see the validation of the ESRB’s system and the effectiveness of it as one reason among many as to why this law was determined to be unconstitutional.” (Snider, 2011) She was talking about the case where California was trying to ban the sale of violent video games to minors. After this case, the company has since agreed to have ratings that are voluntary. The publishers give the video games that are suspected to be violent a rating before putting them out for sale. To make sure it’s being properly done, it’s reviewed by at least three raters who are trained on this matter. Legal and Ethical Issues concerning Violence in Video Games 8  In conclusion, numerous people are still very worried. The places that make these video games are well aware of these concerns. Nintendo is careful to use laxer words such as "defeat" or "destroy" versus "kill" in their game manuals.      Violence, at this point in time, is definitely a basic part of video games. A lot of new games seem to come out with more violence and are very realistic. Of course, as the strength of this violence increases, parents are concerned that their child is still young enough could recognize a violent character over an educational one such as Sesame Street.  Video games are not solely the evilness people make them out to be. Legal and Ethical Issues concerning Violence in Video Games 9 References: Cohen, Adam. 2010. A Supreme Double Standard: If Violent Video Games Are Free Speech, Why Aren't Sexual Images' Retrieved from: http://www.time.com/time/nation/article/0,8599,2080289,00.html Hochman, Steve. 1989. Compton Rappers Versus the Letter of the Law: FBI Claims Song by N.W.A. Advocates Violence on Police. Retrieved fromhttp://articles.latimes.com/1989-10-05/entertainment/ca-1046_1_law-enforcement Law School Authority. n.d. Hustler Magazine and Larry C. Flynt v. Jerry Falwell Case Brief. Retrieved from http://www.4lawschool.com/torts/hustler.shtml Policinski, Gene. 2008. Gene Policinski: Carlin’s free speech kept debate lively. Retrieved fromhttp://m.spokesman.com/stories/2008/jul/01/gene-policinski-carlins-free-speech-kept-debate/ American Academy of Child & Adolescent Psychiatry.  (2011, March). Children and video games: Playing with violence. Facts for Families No. 91. Retrieved from http://www.aacap.org/cs/root/facts_for_families/children_and_video_games_playing_with_violence  Darragh, Tim. 2011. Do Computer Games stifle creativity' Retrieved from http://blogs.mcall.com/health/2011/11/do-computer-games-stifle-creativity.html Snider, 2011. Game industry put focus on ratings years ago. Retrieved from http://usatoday30.usatoday.com/tech/gaming/2011-06-28-video-game-ratings_n.htm