Business | Technology
Court outlaws California violent video-game ban
'No evidence the entertainment cause psychological harm to children'.
- By Karen Gullo, Bloomberg
- Published: 23:07 February 27, 2009
San Francisco: A California law banning sales of violent video games to minors is unconstitutional, a federal appeals court ruled.
The US Court of Appeals in San Francisco ruled against California Governor Arnold Schwarzenegger, who appealed a judge's 2007 decision to strike down the law.
The appeals court said the law violates the First Amendment's protection of free speech.
California hasn't shown that there's a compelling interest for the state to regulate the sale of violent video games because there's not enough evidence that the games cause psychological harm to children, the court said.
"None of the research establishes or suggests a causal link between minors playing violent video games and actual psychological or neurological harm," the court said.
"The state must come forward with more than it has."
In 2007, US District Judge Ronald Whyte in San Jose, California, agreed with the video-game industry that the law was unconstitutional.
The Entertainment Software Association and Video Software Dealers Association, whose members include Electronic Arts Inc, Microsoft Corp, Sony Corp and Take-Two Interactive Software Inc, the maker of "Grand Theft Auto" games, sued the state in 2005 to block the legislation.
Meant to take effect in 2006, the law would have required violent video games to be labelled, and banned their sale or rental to anyone under 18.
"This is a clear signal that in California and across the country, the reckless pursuit of anti-video game legislation like this is an exercise in wasting taxpayer money," said Michael Gallagher, chief executive officer of the Entertainment Software Association.
A voluntary rating system that labels videos containing blood, gore, crudeness and sexual violence, "educational campaigns and parental controls are the best tools for parents to help control what their children play," said Gallagher.
Schwarzenegger's office had no immediate comment.
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