LANSING ? Starting December 1, anyone who sells or rents highly violent or sexually explicit video games to children will face new criminal penalties under a legislative package that was partially enacted with the signing of two bills on Monday by Gov. Jennifer Granholm.
“This new common-sense law is one more tool we can provide to help parents protect their children from the effects of violence and graphic adult content,” said Granholm in signing HB 4702 and HB 4703 (public act numbers were not yet assigned). The governor had called for the legislation in her State of the State address.
The two main bills in the package (SB 416 and SB 463, which establish the ban on selling or renting to minors and provide for criminal penalties) are awaiting final action in the Senate and the governor’s signature, which is expected later this week.
The bills signed by the governor add video games to existing law prohibiting the distribution of sexually explicit material to minors, a law which provides felony punishment and penalties of up to two years in prison and/or a fine of $10,000. They also require a video game retailer to post prominent signs about video game rating systems to aid customers in selecting appropriate games. The bills are effective December 1.
A lawsuit against the package is expected to be filed by national retail trade group, Interactive Entertainment Merchants Association, which objects to the bills still awaiting final action in the Senate. In an August 31 letter to members of the House, Hal Halprin, president of the group, said retailers are committed to voluntarily enforcing and promoting the video game rating system, and said restrictions in SB 416 violate First Amendment free speech protections for video games.
Halprin said video games are not like alcohol or firearms in how they may be regulated, but instead are within the universe of entertainment and media for which free speech protections apply. “This matter has already been settled several times in the court system,” he said.
He said a lawsuit will be filed quickly after the last bills are signed and expects the same result as in three other states where the association won reversal of video game restrictions. But several other states are contemplating laws similar to the new Michigan controls.
Sen. Hansen Clark (D-Detroit), who had led the legislative effort, said the package is an important step to protecting children and leaving the power to do so in the hands of parents. “This legislative victory will help give parents the knowledge to make informed decisions about what is right for their children,” he said.
That bill prohibits anyone from knowingly disseminating to a minor an ultra-violent explicit video game, with a civil penalty provided for violations, but allows persons to argue against punishment if they acted in good faith.
This story was provided by Gongwer News Service. To subscribe, click on Gongwer.Com
