THE REPORT OF THE TASK FORCE ON VIOLENT INTERACTIVE VIDEO GAMES December 2008 General Assembly of the Commonwealth of Pennsylvania JOINT STATE GOVERNMENT COMMISSION 108 Finance Building Harrisburg, PA 17120 - i - The release of this report should not be interpreted as an endorsement by the members of the Executive Committee of the Joint State Government Commission of all the findings, recommendations or conclusions contained in this report. Joint State Government Commission Room 108 Finance Building Harrisburg, PA 17120-0018 Telephone 717-787-4397 Fax 717-787-7020 E-mail: [email protected] Website: http://jsg.legis.state.pa.us __________________________________________________________________ The Joint State Government Commission was created by the act of July 1, 1937 (P.L.2460, No.459) as amended, as a continuing agency for the development of facts and recommendations on all phases of government for the use of the General Assembly. __________________________________________________________________ - ii - JOINT STATE GOVERNMENT COMMISSION 2007-2008 EXECUTIVE COMMITTEE Senate Members House Members Joseph B. Scarnati III Dennis M. O'Brien President Pro Tempore Speaker Dominic F. Pileggi H. William DeWeese Majority Leader Majority Leader Robert J. Mellow Samuel H. Smith Minority Leader Minority Leader Jane Clare Orie Keith R. McCall Majority Whip Majority Whip Michael A. O’Pake David G. Argall Minority Whip Minority Whip Michael L. Waugh Mark B. Cohen Chair, Majority Caucus Chair, Majority Caucus Jay Costa Jr. Sandra Major Chair, Minority Caucus Chair, Minority Caucus _________________________________________________ David L. Hostetter, Executive Director David S. John Jr., Assistant Director Stephen F. Rehrer, Counsel _________________________________________________ - iii - - iv - TASK FORCE ON VIOLENT INTERACTIVE VIDEO GAMES Clay Calvert, Co-Director Barry L. Rambo Pennsylvania Center for Criminal Investigator the First Amendment Robert Richards Rafael Fernandez, Jr Founding Co-Director Senior Vice President Pennsylvania Center for State Government Relations the First Amendment Recording Industry Association of America Brian A. Rider, President Pennsylvania Retailers' Association Sally Jefferson, Senior Director State Government Affairs Entertainment Software Association Jesse Schell, Assistant Professor Entertainment Technology Carnegie Mellon University Dominic Lombardi, M.A., S.T.L. Director Archdiocese of Philadelphia George P. Skumanick, Jr. District Attorney Wyoming County Courthouse Patrick M. Markey, Ph.D. Associate Editor Journal of Personality Vans Stevenson Department of Psychology Senior Vice President Villanova University State Government Affairs Motion Picture Association of America Marolyn Morford, Ph.D., Director Center for Child and Adult Development Kim M. Watterson, Esq. Reed Smith, LLP Andrew M. Paris Legislative Liaison Pennsylvania Office of Attorney General - v - - vi - CONTENTS Executive Summary ............................................................................................001 Depiction of Violence in Video Games ..................................................001 Findings of Social Science ......................................................................001 Constraints on Regulation .......................................................................002 Rating System .........................................................................................002 Recommendations ...................................................................................003 Chapter 1 Introduction .........................................................................................................005 Chapter 2 The Effect of Video Games ................................................................................007 Extent of Video Game Use .....................................................................007 Social Research Methodology ................................................................008 Research Findings ...................................................................................012 Civic Engagement ...................................................................................022 School Shootings ....................................................................................022 Lay Commentators ..................................................................................024 Chapter 3 Violence in Games and Other Media ..................................................................027 Depictions in Specific Games .................................................................027 Violence in Other Media..........................................................................029 Violence in Contemporary Media ...........................................................031 Chapter 4 Legal Validity of Restrictions .............................................................................033 A Dissenting View ..................................................................................041 Conclusion ..............................................................................................042 Chapter 5 Ratings and Other Controls .....................................................................047 Chapter 6 Recommendations ...............................................................................................055 Reference List .....................................................................................................057 - vii - - viii - EXECUTIVE SUMMARY This report is presented in response to 2007 House Resolution No. 94, which directed the Joint State Government Commission to do a study to investigate the effects of violent interactive video games (VIVGs) on the children of this Commonwealth, in the context of all other media forms they are exposed to, under the guidance of a task force of advisors. This report includes the findings and recommendations of the task force. Depiction of Violence in Video Games Some of the M-rated video games depict such violent and gruesome acts as chainsaw decapitations and impalements, running characters over with cars, disembowelment, and eye-gouging with glass shards. In first-person shooter games, the player takes the point of view of a character with a machine gun or similar weapon, and the game consists of killing other characters. Some games reward proficiency in killing with points or additional powers, such as more effective weaponry. Western culture has frequently dwelt on violence from its origins in Homer’s epic poetry and Greek drama down to such later media as the novel and the opera. Movies, popular music, and television all deal routinely with depictions of violent acts. If measures are taken to address the effects of violent media, it is important that no particular form of media is unfairly discriminated against. Findings of Social Science The most consistent finding of social research on VVGs is that there is a small but statistically significant correlation between habitual VVG play and certain indicia of aggression. The practical significance, if any, of this correlation is vigorously contested. Correlation is not the same as causation, but the two concepts are related. The correlation may represent a minor causative factor or the attraction of VVGs to children who are aggressive for other reasons.1 At most, VVGs represent a minor factor in childhood aggression, and there is no substantial evidence linking them to real life violence. The evidence suggests that violent media are unlikely to affect “normal” children. Some researchers have voiced concern that some children may be vulnerable to ill effects, but there is no consensus about what children may be affected or what those ill effects might be. Because of the recent development of VVGs, the rapid evolution of the games, 1 The relationship between correlation and causation is further discussed on pages 9-10 of this report. - 1 - and the methodological difficulties attending social research on media violence, the current state of the research leaves many questions unanswered. Experts recommend that parents carefully monitor their children’s use of all media, including VVGs. Accordingly, parents should be encouraged and assisted in monitoring and controlling the games their children play, and they should avail themselves of the ESRB ratings, parental controls, and other resources available to parents on the Web and elsewhere. VVGs can have positive effects as well as negative ones. Most importantly, they can help children interact with their peers; this advantage is especially helpful to shy or unathletic children. The games can also help improve motor skills, problem solving, logical reasoning, and other important skills. Constraints on Regulation The federal courts that have considered the validity of statutes or ordinances attempting to impose criminal penalties on the sale of video games to children have invariably struck the laws down. Video games are protected by the First Amendment of the United States Constitution, and laws imposing restrictions on their sales must withstand “strict scrutiny,” an exacting legal test that virtually guarantees invalidation. The courts have found that the social science research on the dangers age-inappropriate games pose for children is insufficient to support statutory restrictions on free expression and that the existence of an effective voluntary rating system makes penalties unnecessary. Rating System The primary responsibility for assuring that VVGs do