Entertainment Software Rating Board

The Entertainment Software Rating Board (ESRB) is a self-regulatory organization that assigns age and content ratings to consumer video games in Canada, the United States, and Mexico. The ESRB was established in 1994 by the Entertainment Software Association (ESA), formerly the Interactive Digital Software Association (IDSA), in response to criticism of controversial video games with excessively violent or sexual content, particularly after the 1993 congressional hearings following the releases of Mortal Kombat and Night Trap for home consoles and Doom for home computers. The industry, pressured with potential government oversight of video game ratings from these hearings, established both the IDSA and the ESRB within it to create a voluntary rating system based on the Motion Picture Association film rating system with additional considerations for video game interactivity.

The board assigns ratings to games based on their content, using judgment similar to the motion picture rating systems used in many countries, using a combination of six age-based levels intended to aid consumers in determining a game's content and suitability, along with a system of "content descriptors" which detail specific types of content present in a particular game. More recently, the ratings also include descriptors for games with online interactivity or in-game monetization. The ratings are determined by a combination of material provided by the game's publisher in both questionnaires and video footage of the game, and a review of this material by a panel of reviewers who assign it a rating. The ratings are designed towards parents so they can make informed decisions about purchasing games for their children. Once a game is rated, the ESRB maintains a code of ethics for the advertising and promotion of video games—ensuring that marketing materials for games are targeted to appropriate audiences.

The ESRB rating system is enforced via the voluntary leverage of the video game and retail industries in the subscribing countries for physical releases; most stores require customers to present photo identification when purchasing games carrying the ESRB's highest age ratings, and do not stock games which have not been rated. Additionally, major console manufacturers will not license games for their systems unless they carry ESRB ratings, while console manufacturers and most stores will refuse to stock games that the ESRB has rated as being appropriate for adults only. More recently, the ESRB began offering a system to automatically assign ratings for digitally-distributed games and mobile apps, which utilizes a survey answered by the product's publisher as opposed to a manual assessment by ESRB staff, allowing online storefronts to filter and restrict titles based on the ESRB. Through the International Age Rating Coalition (IARC), this method can generate equivalent ratings for other territories. Alongside its game rating operation, the ESRB also provides certification services for online privacy on websites and mobile apps. There have been attempts to pass federal and state laws to force retailers into compliance with the ESRB, but the 2011 Supreme Court case Brown v. Entertainment Merchants Association ruled that video games are protected speech, and such laws are therefore unconstitutional.

Due to the level of consumer and retail awareness of the rating system, along with the organization's efforts to ensure that retailers comply with the rating system and that publishers comply with its marketing code, the ESRB has considered its system to be effective, and was praised by the Federal Trade Commission for being the "strongest" self-regulatory organization in the entertainment sector. Despite its positive reception, the ESRB has still faced criticism from politicians and other watchdog groups for the structure of its operations, particularly after a sexually-explicit minigame was found within 2004 game Grand Theft Auto: San Andreas—which was inaccessible from the game but could be accessed using a user-created modification.

The ESRB has been accused of having a conflict of interest because of its vested interest in the video game industry, and that it does not rate certain games, such as the Grand Theft Auto series, harshly enough for their violent or sexual content in order to protect their commercial viability. Contrarily, other critics have argued that, at the same time, the ESRB rates certain games too strongly for their content, and that its influence has stifled the viability of adult-oriented video games due to the board's restrictions on how they are marketed and sold.

Video games with objectionable content date back as far as 1976; the arcade game Death Race required users to run over "gremlins" with a vehicle and avoid the gravestones they leave behind. Although its graphics were relatively primitive, the game's overall theme and the sound effects made when gremlins were killed were considered disturbing by players, prompting media attention. A developer known as Mystique became known for making sexually explicit adult video games for the Atari 2600 console, but garnered the most attention with its controversial 1982 game Custer's Revenge, which infamously featured a crude simulation of the rape of a Native American woman. Atari received numerous complaints about the game, and responded by trying to sue the game's makers.

A 1983 industry crash, caused by the market being overrun with low-quality products, prompted a higher degree of regulation by future console manufacturers: when the Nintendo Entertainment System (NES) was launched in the United States in 1985, Nintendo of America instituted requirements and restrictions on third-party developers, including the requirement for all games to be licensed by the company. The console itself also included a lockout chip to enforce this requirement and prevent the console from loading unlicensed games. Such leverage on developers has since become a standard practice among console makers, although Nintendo of America also had stringent content policies, frequently censoring blood, sexual content, and references to religion, tobacco and alcohol from games released on its consoles in the United States.

When asked in 1987 about the suitability of a film-like rating system for video games, a representative of the Software Publishers Association said that "Adult computer software is nothing to worry about. It's not an issue that the government wants to spend any time with ... They just got done with a big witchhunt in the music recording industry, and they got absolutely nowhere". The association did recommend voluntary warnings for games like Leisure Suit Larry in the Land of the Lounge Lizards (1987).