August 20, 2012

As of 30 July 2012, the UK video game industry bid farewell, for the most part, to the British Board of Film Classification (BBFC) ratings guide. Video games will now be age-rated by the Video Standards Council (VSC) under the Pan-European Games Information (PEGI) system.  Whilst we in Britain may be more familiar with the BBFC ratings, the PEGI system is not a downgrade and is used throughout Europe and has the backing of the European Commission, so parents need not be concerned.  The PEGI rating system sets the age restriction at 3, 7, 12, 16 or 18, although it should be noted that the 3 and 7 age ratings are advisory only.  Additionally, the BBFC will continue to classify games featuring strong pornographic (R18-level) content and games ancillary to linear content.  In fact, this shift is not actually as dramatic as it sounds as many publishers have been voluntarily applying the PEGI ratings since the scheme was introduced in 2003, with thousands of games over the last decade using the PEGI rating.  The changes though will mean that the PEGI system will now have legal clout behind it, and plenty of it: the potential punishment for selling video games to those underage is a hefty fine or even a prison sentence.  These changes stem from sections 40(2), (3) and (5) of the Digital Economy Act 2010 which came into force on 30 July 2012 and make amendments to the Video Recordings Act 1984 to secure a new statutory classification regime for video games. The Video Recordings (Labelling) Regulations 2012, coming into force on the same date, makes transitional provision in relation to the issue of classification certificates by a designated authority under section 4 of the 1984 Act. Whilst it has always been an offence under the 1984 Act to supply a video game to an individual in breach of classification, as of 30 July 2012, the classification ambit has been extended so that video games that are only suitable for viewing by those aged 12 and over are required to be submitted to the VSC for classification. This has been heralded by the DCMS as “the latest move by Government to ensure children are protected from unsuitable material”. There are other potential advantages to the switch. The adoption of a pan-European  system, and the fact that the PEGI ratings are specifically designed for the games industry, should help facilitate consistency. In addition, the PEGI descriptions break down the reasons why a game has been given a particular classification in some detail, which may enable parents to make a more informed choice. It should also be noted that video games which are only made available online (playable online or downloadable) are not covered by this new regime and do not require legal age rating to enable them to be supplied in the UK.  PEGI does, however, operate a voluntary age classification system called “PEGI online”. In all, whilst the new changes could be seen as minor, it only makes sense for video games classifications to be harmonised throughout Europe! For more information, contact David Deakin, Consultant or Patrick Rennie, Solicitor