DECEMBER 2003
A STAFF REPORT TO
THE COUNCIL OF THE CITY OF NEW YORK Hon. Gifford Miller Speaker THE COMMITTEE ON OVERSIGHT AND INVESTIGATIONS Hon. Eric Gioia Chair
THE COUNCIL OF THE CITY OF NEW YORK HON. GIFFORD MILLER
SPEAKER
The Committee on Oversight And Investigations Hon. Eric Gioia, Chair
Hon. Tracy Boyland Hon. John Liu Hon. Peter Vallone, Jr. Hon. Alan Gerson Hon. Miguel Martinez
COUNCIL STAFF
Catherine Torres
Deputy Chief of Staff
COUNCIL INVESTIGATION DIVISION
Wayne Kawadler
Director
PREPARED BY:
H. Torrence Allen, Legislative Investigator Triada Stampas, Deputy Director
MAJOR CONTRIBUTORS:
Cheree Buggs, Counsel to the Committee on Oversight and Investigations
WITH THE ASSISTANCE OF:
Sandy Dillon, Legislative Investigator Keri Sender, Legislative Investigator
Leigh Digons Tammy Forman Vilma Perusina Matthew Williams
COVER DESIGN BY:
Anna Maclachlan
Member Services Division
TABLE OF CONTENTS
Executive Summary………………………………………… p. i Background……………………………………………………. p. 1 Methodology.……………….………………………………….p. 11 Findings……..…………………………………………………. p. 13 Conclusions………………………………………………..….. p. 17 Recommendations…………………………………………... p. 19 Appendix A: ESRB Game Rating and Descriptor Guide……………………………………….…. p. A1 Appendix B: "What Games Do Your Children Play " Informational Pamphlet…………….... p. B1 Appendix C: Detailed Findings…….…………………… p. C1
This report can be found at the Council's website at www.council.nyc.ny.us
New York City Council Investigation Division
EXECUTIVE SUMMARY
A New York City Council Investigation Division investigation has revealed that a voluntary industry-wide rating system is failing miserably at keeping mature-rated video games out of the hands of minors. In fact, 97% of the time, a minor was able to purchase an inappropriate game without difficulty. A young person can walk into almost any store selling video games in New York City and purchase games that encourage and reward them for performing acts of violence and brutality that include beating women, shooting cops and committing racially motivated acts of violence. Today's topselling video games have come a long way from "Pong" and "Pac Man"—some of the acts performed in these video games are among the most atrocious imaginable. Many of these video games are classified by the existing rating system as "M" (for Mature, i.e., ages 17+). Video games have emerged as a popular form of entertainment, with 70% of children living in a home with at least one video game player,1 and 33% with one in their bedrooms.2 The Entertainment Software Ratings Board (ESRB) rates video games in a system that consists of two components: a rating symbol that indicates age-appropriateness, and content descriptors that notify the consumer mainly of potentially objectionable material like blood, use of drugs, alcohol and tobacco, and varying degrees of violence and sexual content. Computer and video game software generated a record-setting $6.9 billion in sales in 2002.3 And while only eight percent of games received an M rating,4

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