ALBANY, N.Y. (AP) - Gov. David Paterson signed a law Tuesday
that he said will lead to restrictions on video game violence and
help families better monitor grisly games.
The law will create an advisory council to study the effects of
violent games on the children. It will also require parental
controls on game consoles by 2010 and prominent displays of age
ratings on game packages.
But critics say the bill is too vague and too watered down to
accomplish its goal. And critics including the group Americans for
Tax Reform contend that curbing video violence wasn't really the
point in New York or nearly a dozen other states that enacted
similar laws, only to see them struck down by courts as
unconstitutional.
"It's moral preening," said Grover Norquist, president of
Americans for Tax Reform. "The bill is unconstitutional and has
been found that way in other states. And when the inevitable
lawsuit comes, the state pays for everybody's legal expenses."
"The reason it is politically popular," he said, "Is the
average citizen will read a headline that says, `State Legislature
is against violence in children's video games.' They are unlikely
to read a headline that says, `Legislature will waste $70,000 of
your tax dollars."'
"It also unfairly singles out the video game industry over all
other forms of media," said Richard Taylor of the Entertainment
Software Association. "If New York lawmakers feel it is the role
of government to convene a government commission on game content,
they could next turn to other content such as books, theater and
film."
Violations of new labeling and parental control provisions in
New York could result in $100 civil penalties. However, the
parental controls and the voluntary ratings are already common in
the industry.
Language making a felony of selling video games that are
sexually explicit or contain depraved violence was lost during
furious lobbying that derailed the bill in May 2007. That provision
would have made the law among the strictest in the nation.
Then-Gov. Eliot Spitzer made a high priority of the issue in
2007 and it was the subject of several press conferences. The
effort continued in the Legislature after Spitzer resigned in March
after being disgraced in a prostitution investigation.
The new law was strongly supported in the Senate and Assembly
this legislative election year.
The question was never whether to do something about video games that star automatic weapons and gore - that's been politically
attractive for years, resulting in legislation in the other states
besides New York. The question has always been how to do it without
losing a constitutional challenge in the courts.
A prime sponsor, Republican Sen. Andrew Lanza of Staten Island,
said the felony provision wouldn't have held up in court, but the
remaining elements should stand and help limit access to the games.
When the bill was passed this spring, Lanza said the criminal
sanction sought by some is already addressed at least in part under
pornography and other laws.
Most of the cities and states that have seen their regulations
invalidated by courts tried to equate video violence with
pornography and restricted the sale of the games to children. The
courts have ruled the restrictions violated the U.S. Constitution's
freedom of speech protections.
"New Yorkers do not need the state judging which video games
are appropriate and which aren't," said New York Civil Liberties
Union Executive Director Donna Lieberman. "Parents, not government
committees, should be responsible for making those judgments."