What is the scope of the National "Commitment to Parents" Voluntary Retailer Code?
The Code will apply to retailers in Canada who have registered with RCC as participants in the "Commitment to Parents" program. A retailer volunteering to adopt the Code must abide by all policies of the Code.
What are the policies of the Retailers Code?
The Code is a publicly available document, which lays out in detail what retailers are pledging to do here. To view the Code, click here.
Participating retailers agree, for example, not to sell or rent M-Mature rated video and computer games to customers under the age of 17, or AO-Adults Only rated video and/computer games to customers under the age of 18. Retailers have also pledged to display in-store signs, which identify them as Commitment retailers and explain how the ESRB rating system works and how they will enforce it.
Of real importance is the retailers' commitment to ensure staff are trained and are aware of the Code and ESRB rating system and to establish appropriate internal policies and procedures necessary to maintain a high-level of Code compliance.
And the Code contains support mechanisms such as retailers including compliance checks in their "mystery shopping" programs to verify the Commitment program is being consistently executed on the sales floor. There's a consumer complaint process in place for customers who feel a retailer is falling short of this Commitment. And, there's a provision to establish citizen involvement in a Video Games Advisory Committee in provinces that want to establish one.
What penalties are there for retailers who fail to adhere to the Code?
Ultimately, if a retailer is determined to have consistently and willfully failed to live up to the undertakings of the Code, that retailer can be removed from the Registry of Commitment to Parents retailers. However, no retailer wants to court that kind of negative attention which would be infinitely more costly in terms of lost customer support that any fine that could be levied. Retailers are stepping forward with this Commitment in good faith and have extremely strong inherent incentives to follow through and abide by the Code.
What is the role and composition of a provincial Video Games Advisory Committee?
Provincial Video Games Advisory Committees may be established in provinces where the government decides they would be useful. The Committee's mandate is to provide oversight on the implementation and operation of the "Commitment to Parents" Retailer Code. The Committee is made up of three members: a public representative designated by government, a representative of the video game manufacturing industry designated by ESA Canada, and a retail representative appointed by RCC.
The Committee will be mandated to:
- bring issues of non-compliance to the attention of individual retailers when required
- ensure the effectiveness of the consumer complaint and redress protocols
- recommend ways to resolve complaints that have been brought to the Committee's attention through the complaint process
- raise public awareness of the ESRB rating system, the "Commitment to Parents" Code and the dispute resolution procedures
- promote dialogue between manufacturers, retailers, and consumers of video/computer games
- prepare Annual Reports on the Code
So, what exactly is the process for a consumer wanting to lodge a complaint?
When a consumer has reason to believe a participating retailer has not complied with the Code, the consumer should first bring the complaint to the attention of the store manager or supervisor.
In a case where a participating retailer has sold or rented an M-Mature rated or AO-Adults Only rated video game to a person under the appropriate age, the retailer will at a minimum provide a full refund on the cost of the purchase/rental, or an exchange or rental of an age-appropriate game.
If a consumer is not satisfied with the store supervisor or manager's decision, they will be directed to a designated company representative who will deal with the complaint as quickly as possible. If the dispute cannot be resolved, either party may refer the matter to the Video Games Advisory Committee through the Consumer Online Hotline at the ESRB's Web site at www.esrb.org. The Committee will review the facts of the complaint, and if it is deemed legitimate, the Committee will recommend ways to resolve the complaint.
If the Video Games Advisory Committee deems a retailer has consistently and willfully failed to fulfill the letter and spirit of the Code, it may refer the matter to RCC who will determine whether the retailer shall remain registered as a "Commitment to Parents" partner.
How will retailers know if a customer is of the appropriate age?
Some participating retailers have adjusted their Point of Sale systems so that when a video game product is scanned at check-out, a prompt will appear on the cash register screen to remind them that there are age restrictions on the sale or rental of the product.
If the sales associate is in doubt about whether the purchaser is old enough to purchase or rent the game, the customer will be asked to produce age identification.
We believe there are a number of policies and procedures in place, which will help, assist in enforcing the Code. Retailers will be training appropriate staff so they are aware of the Code and the ESRB rating system and establishing internal policies and procedures to maintain a high level of Code compliance. Also, participating retailers will conduct "mystery shopping" exercises to verify compliance.
Isn't this Code just a way for the industry to avoid government regulation on this issue?
Absolutely not. In fact, we have worked very closely with many provincial governments on the development of this initiative and as you see by their endorsement, they are in full support of the program. "Commitment to Parents" and the "Ok To Play? — Check The Ratings" campaign is a demonstration that we share a common objective: to help ensure our children are not exposed to age inappropriate video game content, and to provide parents with the tools they need to make informed purchase decisions for their families.
How many retailers have become members of the "Commitment to Parents" national code?
The retailers now involved in the program collectively account for nearly 90-95% of video game sales in Canada. And we hope to expand that number as we move forward.
What about retailers who are not part of the "Commitment to Parents" program?
We obviously cannot enforce the "Commitment to Parents" Code on retailers who have not signed onto the program, but we encourage all video game retailers to get onboard and support this most important initiative. They can do so by supporting the ESRB rating system, displaying consumer education materials and creating their own store policy regarding the sale or rental of games that carry an M-Mature or AO-Adults Only rating.
As mentioned, the Provincial Advisory Committee has the power to refer any participating retailer who is not abiding by the Code to RCC who may revoke the retailer's membership in the program. We truly believe that parents will embrace this program and chose to purchase or rent video or computer games through participating retailers. Therefore, from a business perspective, it only makes sense that retailers take every measure possible to abide by the Code and remain a member. Many provinces have now introduced regulations where a retailer can be fined for selling a M-Mature or AO-Adult Only video game to a consumer under 17 or 18 years of age respectively. We see that as a last line of defense that hopefully will not need to be invoked given the proactive approach of the "Commitment to Parents" initiative.
What about Internet purchases of video games?
Internet purchases require the use of a credit card, which generally are not issued to minors. But this question really underlines the importance of parental awareness and vigilance. There never will be an airtight, fool-proof way to prevent minors' access to age inappropriate video games. In the end, the best assurance is a parent who is involved with their children and is aware of what they are playing. Ultimately at-home monitoring is a parental responsibility, just like with television viewing and movie rentals. Fortunately most online video game retailers support the ESRB rating system. EBGames.com for example lists the ESRB rating symbols, content descriptors, and includes a link to a ratings definition page so that parents and other consumers can make informed purchase decisions online.