Part of the fallout from the Rockstar/Grand Theft Auto mess (mentioned here and here) can already be seen as the ESRB is now finding itself in the hot seat:

SAN FRANCISCO, California (AP) — Shooting. Killing. Vehicular mayhem. Sexual conquests. Teenagers can experience it all through today’s almost-anything-goes breed of video games, primarily among those rated “M” for mature.

The Entertainment Software Rating Board (ESRB) is responsible for that rating system, and this self-regulating video game industry group has suddenly found itself on the hot seat.

Critics say the board’s guidance is toothless and does little to help parents trying to protect impressionable children from questionable content.

Let’s review, shall we? The game in question was rated M. The logo that indicates that rating is pretty clear. It has a large “M” on it, and above that, says “Mature 17+”. Criticisms that the ESRB needs to take more steps to ensure that they see all of the gameplay elements are based in reality (though how they could be expected to see items like those in Grand Theft Auto: San Andreas, which were apparently taken out of the gameplay but left hidden in the software, I have no idea) are fine, but this game was rated “M”, which doesn’t stand for “Much fun for kids.”

“I think it is very important for people to realize that this game is rated “M” for mature,” Vance said. “This game is not a game that was rated for children. Regardless of what if anything was modified, it’s a game that the ESRB has made as clear as it can that it was not intended for anyone under the age of 17.”

That’s what I just said. Now, take a look at this:

Further complicating matters, games’ final ratings can sometimes be of little use to parents and gamers deciding on a purchase.

For example, THQ Inc. offers two versions of “The Incredibles” for PC — one rated “E” and the other “T” for teen — each described simply as containing “cartoon violence.” And “Chris Moneymaker’s World Poker Championship” from Valu Soft is rated “M” for its “simulated gambling,” while Hoyle’s “Poker Series” gets an “E,” also for “simulated gambling.”

Different games get different ratings, and the explanations aren’t always clear as to why. That’s fine, and it’s a valid complaint. Does that stop the rating system from being effective in labelling games as “Mature”? I don’t see how it would.

But a good dose of government oversight is exactly what is needed, says Rep. Joe Baca, D-California. He has been trying for three years to get legislation passed that would require the FTC to determine if the video game industry’s labeling practices are unfair or deceptive.

Baca says parents are being misled — he thinks video game publishers seek the “M” rating even when they know a game includes content that should be in “Adults Only” territory.

“They know very well that if it said “Adults Only” these would not be displayed at a Target, at a Wal-Mart or any of the other video game (retailers), because they wouldn’t be sold,” Baca said in an interview.

“Government oversight” is a phrase that will almost always get my blood boiling, regardless of the context. Applying it to the video game industry as retaliation for the fact that they rated a game that obviously wasn’t for kids as inappropriate for kids is simply stupid.

Rockstar was dishonest. I don’t deny that. That doesn’t change the fact that the Video Game rating system is no harder to understand than the movie rating system. Any parent who claims that s/he bought a Mature game for their kid because they didn’t understand what the big “M” meant is being dishonest. They bought that game for their kid because either they thought the kid could handle it or because they didn’t care enough to do the hard, hard work of looking at the logo on the box!

The ESRB does fine work, and they don’t deserve the criticism they’re getting here.

I hate being proven wrong.

Rockstar Games, who I defended here, has admitted that the explicit sex in Grand Theft Auto: San Andreas was included in the game’s code. The “Hot Coffee” mod didn’t add something new, it merely unlocked stuff that was already hidden there.

The problem here isn’t so much that they included a sex scene in a game. Video gaming, despite the average non-gamer’s perception of it as such, is not primarily a pasttime for kids. Just like I don’t complain that there are films aimed at adults that contain nudity (or even that there are films that are primarily about the nudity/explicit situations), I don’t have a problem with the idea that a game has explicit scenes in it.

The problem is that they weren’t honest in marketing it, and by their dishonesty, they’ve put the entire industry at risk of government regulation. Worse, when they were confronted, Rockstar apparently felt that the best course of action was to lie about it, thus making the situation worse for themselves and turning some gamers against them.

When they were marketing GTA:SA, Rockstar had many options that weren’t dishonest:

• Remove the explicit material completely.
• Leave the explicit material in, and allow the game to be rated fairly
• Market two versions of the game: An M-rated version and an Adults-Only (or even unrated) “Director’s Cut”

By not taking any of these options, Rockstar has not just damaged themselves, but the gaming industry as a whole. “Leave the parenting to the parents” is a favorite bit of my political and societal philosophy. I’m constantly ranting that it is the parent’s responsibility to review any game or movie before purchasing it for their children, and I’ve praised the gaming industry for its initiative (admittedly driven purely by self-interest) in creating a ratings system.

If a game can be so wrongly rated not because of an oversight but because of an active attempt by game designers to hide content that would earn a higher rating, the government will be encouraged to step in, and government intervention is the last thing gamers as a whole should want.