Video Game Decency Act of 2006

Video Game Decency Act of 2006 - Makes it unlawful for any person to distribute any video game whose label contains an age-based content rating if, with the intent of obtaining a less restrictive age-based rating, that person fails to disclose game content to an independent ratings organization, with the result that the video game receives a less-restrictive age-based content rating.

Treats any violation of this Act as an unfair or deceptive act or practice.

Preempts state or local law or regulation related to video game content rating.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6120 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 6120

  To prohibit deceptive acts and practices in the content rating and 
                        labeling of video games.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 20, 2006

Mr. Upton (for himself, Mr. Rush, Mr. Wynn, Mr. Pitts, Mr. Shimkus, Mr. 
Terry, Mr. Pence, Mr. Wolf, Mr. Hoekstra, Mrs. Blackburn, Mr. Weldon of 
 Pennsylvania, and Mr. Camp) introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To prohibit deceptive acts and practices in the content rating and 
                        labeling of video games.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Video Game Decency Act of 2006''.

SEC. 2. REQUIREMENTS FOR CONTENT RATING OF VIDEO GAMES.

    It shall be unlawful for any person to ship or otherwise distribute 
in interstate commerce any video game that contains a rating label 
containing an age-based content rating for that video game where the 
person, with the intent of obtaining a less restrictive age-based 
content rating, failed to disclose content of the video game that was 
required to be disclosed to the independent ratings organization that 
assigned such age-based content rating, and which resulted in the video 
game receiving a less-restrictive age-based content rating than 
otherwise would have resulted.

SEC. 3. UNFAIR OR DECEPTIVE ACT OR PRACTICE.

    A violation of section 2 shall be treated as an unfair or deceptive 
act or practice affecting commerce within the meaning proscribed in 
section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 
45(a)(1)), and shall be treated by the Commission as a violation of a 
rule under section 18(a) of such Act.

SEC. 4. DEFINITIONS.

    As used in this Act--
            (1) the term ``age-based content rating'' means the 
        classification assigned by an independent rating organization 
        to a video game for the purpose of informing consumers about 
        the potential suitability of a video game for particular age 
        groups;
            (2) the term ``content'', with respect to a video game, 
        means--
                    (A) the software contained in the video game that 
                is capable of rendering, depicting, displaying, or 
                activating scenes, images, words, or sounds on a 
                computer or telecommunication device; and
                    (B) any scenes, images, words, or sounds contained 
                in the video game;
            (3) the term ``independent rating organization'' means the 
        Entertainment Software Rating Board or any other organization 
        that assigns age-based content ratings for video games; and
            (4) the term ``video game'' means any product, whether 
        distributed electronically or through a tangible device, 
        consisting of data, programs routines, instructions, 
        applications, symbolic languages, or similar electronic 
        information (collectively referred to as ``software'') that 
        controls the operation of a computer or telecommunication 
        device and that enables a user to interact with a computer 
        controlled virtual environment for entertainment purposes.

SEC. 5. EFFECT ON OTHER LAWS.

    This Act supersedes any provision of a statute, regulation, or rule 
of a State or political subdivision of a State that regulates the 
rating of video game content, or regulates the sale, rental, or display 
of a video game on the basis of the video game's constitutionally 
protected content.
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