ELSPA Comes Out Fighting For PEGI Feature

Things were simpler when all that interested gamers was a few gold coins and a damsel in distress.

Despite mature rated videogames accounting for just four percent of the entire of last year's releases, there's no getting away from the fact that videogames have matured to address issues and deliver content for an adult market that has grown up alongside them.

Not necessarily a problem, but one that becomes an issue when you consider the crucial role of regulation and the difficulties Culture Minister, Margaret Hodges, outlined during ELSPA's AGM held at the 2007 London Games Festival:

"You [the UK games industry] fit awkwardly into regulatory boxes. European regulation tends to carve things into software or audio-visual; video games constitute both of these things."

It's an issue that has raised its head on numerous occasions in the past, lest we forget the headlines that followed the release of Midway's Mortal Kombat in 1992. Records show that the first 18-rated videogame classified by the BBFC was in 1987 to CRL Group PLC's text-adventure based on Jack the Ripper. This was followed by a handful of titles that featured the 'other' reason to be slapped with an adult rating, namely The Interactive Lovers Guide, Voyeur, and The Joy of Sex.

Mature content that falls under the gamut of videogames, or interactive content, has been a factor for a considerable time, long before SEGA's Night Trap caught everybody's attention in 1993. But there can be little doubt that this "game", which certainly deserved to be classified by the BBFC due to its excessive use of FMV alone, acted as the catalyst for a reluctant acceptance that videogames needed to be treated a little more seriously.

Brought to the forefront with the BBFC's decision to refuse classification for Rockstar Games' Manhunt 2 and in the wake of the Government commissioned Byron Report, videogames once again find themselves under the spotlight.

The 4 Point Consultation

Following the consultation announced by the Culture Minister on July 31st 2008 and drawing upon the findings of Dr Tanya Byron, the UK Government has proposed four options to address the situation and is currently seeking views upon:

1. A hybrid of the current BBFC and PEGI systems, with a legal requirement for the BBFC to rate all games suitable for players over the age of 12;
2. A system using only BBFC ratings;
3. A system based solely on PEGI ratings, but enforceable by law;
4. A continuation of the current arrangement, backed up by a code of practice to ensure that retailers and suppliers comply with the system.

Exactly who will gain control of this increased responsibility appears to be the main source of contention. ELSPA, the UK's self-appointed governing board has made its support of a PEGI exclusive system well known. TVG recently had the opportunity to sit down and discuss the debate with Michael Rawlinson, Managing Director of ELSPA.

"The first point is to say that as the representative of the games industry we're working on the whole of the Byron Report, and she made a lot of recommendations for both videogames and the internet."

"As we're working through those we're seeing a crossover between the things she said about the internet and games," Rawlinson adds. "By that I mean people are playing other people from across the world. It's not local, it's online. It's being downloaded, games are not a closed environment; there may be voice, text, interaction, contact."

As the voice of the UK videogames industry, few could argue that ELSPA is addressing this sensitive subject with the care it deserves and with an absolute certainty that its solution is the only feasible way forwards.

"We're setting up five working groups to look at the areas of age classification: online security, education, retail issues, and advertising. We may not lead on all of them but we want to participate in the discussion and move things along."

Responding to the four options outlined in the Government's consultation, Ralwinson makes ELSPA's central focus evidently clear. "We're working forward on our solution from our core perspective which is child safety - how do we deliver a safer gaming experience for children?"

"We don't believe that option one or option four works," Rawlinson notes. "We are where we are because of the problems with option four so staying there doesn't help us."

"We don't think that option one, where you have two rating bodies dovetailing together, and having both sets of information, consumer facing symbols, and so fourth helps the situation either."

Dr Byron's proposal that a hybrid system be explored appears to cast mixed signals, with some concerns that such a setup is the reason behind the confusion that continues to surround the issue. It's a concern that ELSPA and Rawlinson agree with.

"Tanya Byron talks about the confusion that parents thought PEGI was around playability and difficulty levels. Well if you put two sets of symbols on the box, my view and the industry's view is that it's only going to perpetuate the misinformation."

"So I guess that leaves us with either us throwing our hands up and letting the BBFC do everything, or putting forward PEGI. It's our view that PEGI is the right solution..."

A recent Government paper, however, points to another solution should option one be chosen, "... the BBFC and PEGI would need to agree to harmonise their logos and age classifications so there is no further potential for confusion."

PEGI Explained

To learn more about what ELSPA is proposing, it's worthwhile taking a closer look at exactly what PEGI is and the way in which it works.

As a voluntary system, PEGI places the initial responsibility on the game developer filling out a self-assessment form that establishes an initial rating based on various criteria. The Netherlands Institute for the Classification of Audiovisual Media (NICAM) in conjunction with the Video Standards Council (VSC) in the UK then checks ratings proposed by the game's publisher.

The VSC Secretary General Laurie Hall advises TVG that all 12+, 16+, and 18+ games are fully examined, with the VSC being responsible for 16+ and 18+ and NICAM presiding over 12+ games.

"PEGI works by establishing criteria for the different age bands," Rawlinson explains, "which is done in consultation with child safety experts, psychologists, academics and people who understand the development of a child through its various stages of development."

"The Byron Report talked about that happening at around the age of 12 where children have the mental ability to differentiate between fantasy and reality, and therefore they can start to cope with gaming concepts and gaming environments that are more complex than they can before they're 12."

Drawing upon the analogy of a swimming pool and it's associated risks in the original Byron Report, Rawlinson warns, "... we don't want to put 10 foot walls up to stop the children from playing in it, that's ridiculous, the whole point of having a swimming pool is that they do play in it, but they play in a safe environment."

"So that's a pretty fundamental point about the PEGI system, which may mean we end up with more stringent classification than other bodies."

As Rawlinson points out, "The PEGI system starts by the people who know most about the content disclosing that content, and that's the makers of the game. So we're not relying on someone seeing the content, we're relying on the person that has the full knowledge to fully disclose the content in relation to those criteria."

Of course, this puts the responsibility on the publishers and developers, which has caused problems in the past and there will always be concerns over conflicts of interest when it comes to self-assessment. Although, ironically, the BBFC can trace its roots as a self-regulating body, established to take censorship out of the local councils' scrupulous hands following the Cinematograph Act 1909

Nevertheless, the VSC's Laurie Hall reminds us that the perception of PEGI ratings being entirely self-assessed by the developers is "complete nonsense" - all 12+, 16+, and 18+ games are thoroughly examined by the VSC and NICAM.

BBFC: Tried & Tested?

The BBFC symbols have become engraved within UK society for governing the movies we're allowed to watch. Reaching that hallowed age of 15 always used to seem like a rite of passage, and so there is an argument that the widespread public acceptance of the BBFC could provide a considerable head start in dealing with the issue.

Rawlinson thinks differently, "... there is this sense that people know and trust the BBFC but, maybe slightly naively, particularly as parents don't understand games, they start from the point of view, 'I don't understand this but I trust the BBFC so it must be alright'."

"Every time I have this conversation whether it's with gamers or non-gamers and explain the issues, they all go 'oh that makes sense', it makes sense to have a European rating as a starting point, maybe worldwide going forward, but it makes a lot of sense to start from that perspective."

"The BBFC rating from a national perspective in the context of games doesn't work, whether the BBFC does a good job with films is not the issue, and I think we need to bring some pressure on the politicians through their mailbox going forward."

"I think one of the things that has not been properly understood is that everyone says 'there's a problem with children getting adult material, we must stop them getting 18 rated games'."

"Anecdotally all the shopkeepers say when a kid comes to buy an adult rated game [is], 'you can't buy that', because it's rated by the BBFC at the moment and is illegal for them to sell. The kids go and get mum or dad and come over and say 'they won't sell it to me', and the dad says, 'I'm buying it for me, what are you going to do about it now' and so they have to make the sale and the game goes to the kid anyway".

"... What that means is the parent recognises the BBFC symbol, and if you said to them would you give them an 18 rated film like Hostel, SAW, or some porno film, they go 'oh no definitely not'. But in the context of a game they go 'oh it's a game it can't be that bad' and they don't treat it with the same weight and seriousness."

"So we have got an education campaign to do and it's our view that if we start from the point of view", "... the BBFC logo means it's a film, alright I know what that means, but the PEGI logo means it's a game and games can have adult content they're not just for kids."

"We can start with that message and then they can start to say 'ok games aren't just for children, now I need to be careful about what I let my child play and not play', and then they can change their behaviour."

"We think actually having a different system helps to get that message across, rather than saying 'oh they all know what it means'," Rawlinson asserted. "They may know what it means but it doesn't make a blind bit of difference to their behaviour in the context of a game."

Critics of the PEGI system would instantly draw attention to the confusion generated by the system's pictograms, with allegations that the symbols are misleading and suggestive of concepts such as a game's difficulty instead of age classifications.

Rawlinson admits the PEGI pictograms need further development, claiming, "There's no doubt we've got some work to do. We're looking at the age rated logo and whether we should introduce some colour-coded, red-orange-green, to indicate the bands of age rating.

"The pictograms we need to see whether they resonate with the consumer and clearly some of them don't. Maybe to help at this moment in time we put a word in the pictogram, it says 'Violence', 'Sex', 'Bad Language', and we can replicate that in different language and we're looking to introduce a panel below that puts in some words that says a bit more, 'Graphical Violence', 'Comical Violence', 'Depicts Use of Drugs'.

"So we are looking to update the pictograms and add consumer information, and indeed as part of the PEGI website to extend consumer information there. So similar things the BBFC have got we recognise could be advantageous to PEGI, we're not just saying 'no, no we're perfect' in that consumer facing element we're looking to improve upon that as well."

Classification Not Censorship

Although much of the recent discussion and the decision to consult the issue can be traced back to the BBFC's decision not to classify Manhunt 2, PEGI is keen to distance itself from censorship but admits each country needs the ability to refuse a rating.

"If we have a PEGI only solution in the UK there will need to be a fix for that," Rawlinson said, "a body will have to look at 18 rated product and determine whether it should be refused a classification and refuse the right to be distributed in the UK."

When pressed as to whether the BBFC could assume this role in a possible variation of the hybrid option, Rawlinson indicated a preference towards the VSC to assume the position. The VSC was established in 1989 as a non-profit making body set up to develop and oversee a Code of Practice designed to promote high standards within the video industry, and was subsequently expanded to promote such standards within the videogames industry.

Where the BBFC/PEGI debate is concerned, the VSC has planted itself firmly in ELSPA's corner. Both ELSPA and the VSC worked together on the ELSPA rating scheme that preceded the PEGI system between 1993 and 2003.

"We fully support ELSPA's position," said Laurie Hall VSC Secretary General, while noting that PEGI ratings are "the superior system."

When looking at any possible synergy between PEGI and the BBFC the need for harmony is immediately apparent when noticing the many differences between the two systems. Both employ different age brackets and use different symbols, so there's little doubt why the confusion currently exists.

Although there's some merit to the notion of a unified BBFC standard that's instantly recognisable, Rawlinson points out the reasons behind why the PEGI's 16 classification makes more sense in today's society than the BBFC's 15.

"When we establish PEGI we would advice that 16 is the right age and when you think about it, children in this country go from secondary education into higher education at the age of 16. We do our GCSE's at 16, 16 is that next level where you go to do you're A-Levels or whatever else that might be, so that would seem to be the right age where there are other changes taking place socially that would seem to align."

"Maybe the BBFC would look at realigning its 15 to 16 going forward to reflect what is the social norm in this country. Maybe you should be asking them whether the 15's out of step."

When asked for ELSPA's response should the Government opt for a BBFC system, Rawlinson admits they've yet to consider that, but admits, "Ultimately the UK Government will make the law as it pleases, but we will not go along voluntarily with a solution that we do not think protects children correctly and that's why we're backing PEGI."

Planning For The Future

ELSPA's main concern with the current system appears to stem from the increasing role that the internet has to play with videogames, something it suggests PEGI through PEGI Online is well positioned to deal with moving forwards.

"... not only is the content rated but also the environment in which it's played is rated, the way in which voice and text is moderated for the different age levels, the levels of expectations that parents can rely on in that environment, are set out in the safety code which is available at www.pegi.info."

Promoting a basis of protection that should be provided to young people in online games, the PEGI Online Safety Code commits videogame publishers that register to ensure:

• Age-rated game content
• Appropriate reporting mechanisms
• Removal of inappropriate content
• A coherent privacy policy
• Community standards for online subscribers
• A responsible advertisement policy

Of course, the issue of online enabled videogames cause further problems, namely the need for a harmonised system that allows everybody to play safely. Concerns over two separate systems and a lack of harmonisation with Europe stem from possible disparity between the two when it comes to classifying the same game.

Rawlinson explains it as, "... the BBFC is rating in the UK and PEGI is rating in the continent, could mean that if the BBFC assess the age suitability at a lower level, the parent sees the product, sees the age rating and says 'ahh my child is now entering into a world that's suitable for 12 and upwards'."

"Whereas if on the continent PEGI has rated at 18, the players coming from that entrance will be saying 'oh this is an adult environment, I can act and behave accordingly'".

Although TVG finds such a videogame that would obtain such disparate ratings slightly difficult to imagine, the concept of a unified pan-European system in an increasingly popular online world begins to make more sense.

Offering an analogy to match swimming pools, Rawlinson muses, "... we have rules for driving on the road, that doesn't mean we all drive cars, some people are on foot, some people are on motorcycles, some people are on bicycles, but we have the rules and we all go up the one way street in the same direction."

"If you came to the road with different signs we'd have havoc, so it's about creating rules in the environment."

Anybody who's had the misfortune to sample Halo 3 at its worst will testify to the fact that harmonization of the online world goes further than the UK and Europe. Rawlinson points towards global aspirations, "I think going forward PEGI is going to have to, we don't run PEGI, but they will have to start having conversations with the ERSB in America and the rating system in Asia [CERO] to establish a commonality for games that have this online nature."

"That's' the next level of debate, which to be frank, we might make some sense of that conversation if we start from a European, American, and Asian perspective, but we're not going to make much sense if we start from twenty nine different countries in Europe trying to have a conversation with America and Asia. It just becomes too fragmented."

Such talk of harmonisation across Europe leads to questions as to why the UK Government is taking such a centric viewpoint, and exactly what steps the European parliament and union are taking.

Rawlinson explains, "The UK Government clearly has the right as we have the Video Recordings Act which talks about the rating of linear video footage and interactive games, so we have a precedent already here."

"But it's very interesting that the EU has been watching PEGI's development very closely. Commissioner Vivane Reding who's responsible for the information society, communications broadcasting, and that sphere of work is a huge fan of PEGI and sees this self-regulating system as a model, she continually refers to PEGI as a model of self classification in this area and backs it as the right solution."

Providing jurisdiction over online games and platforms that bypass geographical borders, along with the increasing crowd of people from different countries with different ratings and laws, appears to pose quite a considerable challenge for both the Government and videogames industry, one that doesn't appear best suited to a fragmented approach. More significantly, games played purely online do not fall within the remit of the Video Recordings Act 1984, by which the BBFC enforces its classifications.

Experiments such as Home from Sony Computer Entertainment points to an increased emphasis on social networking, but despite such pitfalls and paranoia, it's also worth remembering that online platforms and games can bring benefits, as Rawlinson offers:

"I was talking to an ordained minister last week who's got teenaged children and he's divorced, they live with his ex-wife and he lives 100 miles away. He said, 'Virtually every night I meet with my children in World of Warcraft and we go around and we play in this environment together, and it's the most wonderful thing to be parenting and interacting with your children when you leave 100 miles away.'"

"He could be living in the UK and they could be living in Spain or America wherever, the world is changing, the boundaries are not the four walls of our English castle anymore unfortunately.

"And I think in that sense the BBFC is redundant as far as games are concerned, I really do."

The Government is currently seeking views on the consultation and we encourage parents and gamers to let your opinions be known, by following ELSPA's recommendations and letting the politicians know through their mailbox.

A guide on the videogame consultation can be found here. All views and opinions can be sent to: gamesclassification@culture.gov.uk