Question 5: Regulation

Explain the significance of regulation in the video gaming industry.

Refer to Minecraft to support your answer. 

A POSSIBLE RESPONSE

While Livingstone and Lunt are not principally concerned with the regulation of video games, we can use the lens of their theory to consider the impact of and difficult around regulation in the gaming industry. In particular, we can consider the tension between seeing the audience as consumers with a focus on choice, quality and price and citizens, with a focus on rights and protections.

Regulation of Video Games in the UK is undertaken by the VSC Rating Board, which is a statutory body rather than a self-regulatory body (as exists in the film industry). Social attitudes to video gaming are not entirely different to film, but fears, often stoked by other media, warn of addiction, social isolation and the supposedly harmful effects of exposure to violent representations. In addition, the comparatively young target audience means that that there is considered to be a greater need for statutory regulation to protect the vulnerable. It seems that video game regulation in the UK is biased toward seeing its audience as citizens rather than consumers. However, video gaming is a digital industry, with audiences able to purchase online, and producers able to retail from any country. The VSC can only realistically police physical games and cannot enforce their rating system within households. As a result, regulation has little effect on the chosen gaming experience of audiences within the UK. As such, the regulation process is largely ineffectual. 

Minecraft seems largely benign. According to the ‘Entertaining Software Rating Board’ (ESRB), it is suitable for users aged 10+, due to its ‘Fantasy Violence.’ However, in their parents’ guide to Minecraft, National Online Safety Ltd. (NOS) warn against the potential for cyber bullying, grooming and addiction. These concerns go hand in hand with the technological advancements that facilitated much of Minecraft’s popularity. Online, cross platform, gaming allowed Minecraft to reach a huge audience, and to develop a sense of community, both in the early stages of its development and then as it continued to spread. It is this capacity to play online that leaves its younger players vulnerable to grooming and to cyber bullying. Here then we see an example of the tension between increasing consumer choice and providing citizens with protection. Furthermore, the pocket edition of Minecraft available for mobile devices may seem to be a perfect way for audiences to enjoy the gaming experience in a variety of location, extending choice for consumers; however, this may contribute adversely to the potential for gaming addiction, making protection of citizens more difficult. Minecraft has implemented features to prevent cyberbullying and protect players from inappropriate content, such as chat filters and the ability to report abusive behaviour. The game also includes parental controls that allow parents to limit their child's access to certain features or disable online play entirely.

Another potential issue highlighted by NOS is the potential for third party creators to include malware, spyware, and viruses in their ‘mods.’ Minecraft was one of the first video games to provide a platform for prosumers to create mods for the game. Minecraft users on PC have always had a ‘store’ option which allowed them to purchase game mods and new skins, but this option became ubiquitous across all platforms in June 2017. By September of the same year, the Minecraft Store announced that they had exceeded 1 million dollars in sales. These mods are almost all fan-made by ‘prosumers.’  Here then we see improvements for general players, a way for prosumers to generate revenue and also a method for Microsoft, in partner with these independent creators, to share some of the revenue. All of these elements are clearly broadening consumer choice, either to access a wider range of features or to contribute to the game as creator as well as consumer. However, these same features also allow 'bad actors' to invade the ‘personal space’ and compromise the safety of gamers. At present, it is almost impossible to police this situation and so the safety of citizens is compromised in favour of the freedom of consumers.

It is important to note that consumer protection is also important in video gaming. Regulation is intended to 'ensure' that games are safe and appropriate for their intended audience - which we have seen is effectively impossible - but also by preventing deceptive or unfair marketing practices and by ensuring that game publishers disclose any hidden costs, such as microtransactions or subscriptions, upfront, so consumers can make informed decisions about whether or not to purchase the game.

In the UK, Minecraft was included in the Office of Fair Trading's (OFT) review of online and app-based games. The review found that some games, including Minecraft, did not provide clear information about in-game purchases and that children could be misled about the true cost of the game. As a result, the OFT recommended that game publishers provide clear and upfront information about the costs of in-game purchases.