Early in December, word came out of Brazil that the country was considering legislation to make it a crime to create, import or distribute videogames “that affect the customs, traditions of the people, their worship, creeds, religions and symbols.”

The bill was sponsored by Brazilian Senator Valdir Raupp, who, as Brazilian website UOL reports (translated), is not in the habit of playing videogames himself and could not name any particular game that might fall under the proposed legislation.

Raupp did, however, diss Brazil’s rating system for games—the Department of Justice, Ratings, Titles and Qualification (DJCTQ)—saying he was “certain” that people were not following its guidelines. David Ulysses, Director of the Department of Justice, would not address Raupp’s comments directly, but believes that it is not necessary to censor games in Brazil, saying that the current system supports freedom of expression and consumer choice.

Marcos Khalil owns UZ Games, a retail videogame establishment in Brazil with 22 locations. He stated that such a ban could further impact what is already a “small domestic industry” and could lead to him closing stores and laying off employees, not to mention increasing illegal sales or piracy of games.

Level-Up! Managing Director Julio Vietez, whose company serves up digital copies of games via the Internet, was concerned over the term “offensive” used in the bill, noting that what is offensive to one person or group might not necessarily offend a different person or group.

Glauco Bueno, Director of Marketing and Strategy of Latin America for distributor Synergex, also expressed dismay should the bill become law, “It would be a setback to the advancement of the entertainment media in Brazil, with serious effects on the chain…”

Thanks Maurício!

Electronic Arts’ Dante’s Inferno will not be released in the Middle East.

EA didn’t even bother to submit the game to censors reports GamesLatest, apparently realizing that a game focused on the nine circles of Hell would be destined for banning, much like the treatment Darksiders, God of War and Grand Theft Auto IV received in the past from the United Arab Emirates.

In a statement, EA said, “Electronic Arts has decided not to release Dante’s Inferno in the Middle East after an evaluation process which is based on consumer tastes, preferences, platform mix and other factors.”

If a circle of Hell had to be applied to this story, the First Circle appears most appropriate—Limbo.

Thanks gellymatos!

Brazilian Senator Valdir Raupp (pictured left) has authored a bill that would make it a crime to make, import or distribute “offensive” videogames in the South American country.

A story on the Brazilian website UOL (translation here) reports that the Education Commission of the Senate has approved the measure, which will now go to vote in the Committee on Constitution and Justice.

Raupp’s goal is to, “curb the manufacture, distribution, importation, distribution, trading and custody, storage, the video games that affect the customs, traditions of the people, their worship, creeds, religions and symbols.”

He continued, “Therefore, we seek to protect the principle of equality - for many the greatest of constitutional principles - with the characterization of such discriminatory conduct as a crime by making provision in the law.”

The bill seeks a penalty of one to three years imprisonment for those committing an offense.

The story notes that Brazil has banned games such as Carmageddon, Postal and Grand Theft Auto in the past.

Thanks Maurício

A recent screening of Spencer Halpin’s Moral Kombat documentary featured a post-show panel of game experts discussing some of the topics presented in the film.

The screening took place on November 11th in San Francisco. Members of the roundtable included Wired’s Chris Kohler, Dean Takahashi from Venure Beat, Lorne Lanning of Oddworld Inhabitants and Spencer Halpin.

Perhaps the most interesting response was that of Lanning’s in response to the question of why violence and videogames is still such a hot topic:

They (media groups) want the sensationalism. They will broadcast anytime there’s a shooting; they will find people that have a very specific, loud, sensational, fearful opinion of it, and they will give them prime airtime. If you add up those minutes of airtime it’s actually a fair amount of penetration into the public mind.

But then, we look at the court cases and the Supreme Court decisions and court decisions in nine states, at the time I looked into it. And all of them, throughout all of these cases… they were sham cases. Those court cases, and the results of that, never get any airtime, because that’s not selling news. So we wind up with a very distorted opinion from the public perspective, those that rely on the corporate media. The results of the court case maybe be on page 9, probably on page 19 and take up a tenth of a page.

Meanwhile, when the sensationalism happens… the critics, with false claims that they are never held to, get a lot of exposure and that exposure compounds. We see this in so many things… in the lead up to the war, in healthcare… When it was a hot topic, we could count on the coverage being in a certain direction and I think we can continue to count on that because the media behavior isn’t changing for the better, if anything it can pretty much be proven it’s changing for the worse.

The full post-film discussion is available on YouTube in four segments: part one, part two, part three and part four.

Disclosure: Filmmaker Spencer Halpin is the brother of Entertainment Consumers Association president Hal Halpin. The ECA is the parent company of GamePolitics.

It was only a matter of time before Fox News got involved in the issue of Call of Duty: Modern Warfare 2, and we have confirmation that they will tackle the game tomorrow morning during the Fox & Friends show.

The ECA, which operates GamePolitics, received an email from FOX News around 11 a.m. EST today asking to speak to an "expert gamer" about the controversies surrounding the game. The pertinent part of the email:

Hello,

I write to inquire about a possible interview tomorrow on Fox & Friends. We're the morning show of the Fox News Channel, and are planning on doing a segment on the new Xbox game, Modern Warfare 2. We're hoping to have a debate on the game, and would love to speak to an expert gamer on the controversies surrounding the game. The debate is for 6:50am tomorrow morning, on camera.

The email came to Jason Andersen, the ECA's director of PR. When he responded that the ECA might be interested but they needed more information, he did not receive an answer. So it appears that the ECA will not be the representative side of the games industry.

Hal Halpin, president of the ECA, said that he heard from other sources that FOX wanted to "discuss the ethics and morals that game developers employ when making decisions about what content/direction to employ when they're creating games."

GP: We all know what a pillar of integrity FOX News can be when it comes to covering video games, remembering in particular their coverage of the alien sex simulator that was Mass Effect. Cooper Lawrence, an author used by FOX to bash Mass Effect, later recanted her comments saying:

"Before the show I had asked somebody about what they had heard, and they had said it's like pornography. But it's not like pornography. I've seen episodes of Lost that are more sexually explicit."

So it will be interesting to see how they handle this, seeing as there is already a lot of misinformation about the Modern Warfare 2 terrorist sequence in the mainstream press. Hopefully, whoever responds for "the gamer" will be able to hold their own as well as Geoff Keighley did against Cooper Lawrence.

Watch the episode tomorrow at 6:50 a.m. and tell us what you think.

Update: For a cartoonist's take on the Fox News coverage, check out Crispy Gamer's Backward Compatible.

As noted by Joystiq, the ESRB is currently listing the upcoming PC version of Manhunt 2 with an Adults Only (AO) rating.

GamePolitics readers will likely recall that the console versions of Manhunt 2 generated a major controversy in the summer of 2007 when the game was banned in Britain and tagged with an AO here in the States. Rockstar subsequently released a toned-down version that earned an M (17+) rating for the U.S. market.

That was a critical milestone, because the Big Three console makers won't license AO-rated games for their systems, which makes it tough for a publisher to earn a return on its investment. That's why you don't see any AO-rated console games. While the open architecture of the PC negates licensing concerns, an AO-rated Manhunt 2 would still get thumbs-down from major retailers like GameStop and Wal-Mart.

That means that Rockstar is either planning a digital distribution campaign for Manhunt 2 or that it will edit the PC version - as it did with the console editions - to earn an M from the ESRB. Of course, there is a third scenario: Rockstar could ship an M-rated version to retailers while distributing an AO-rated version online.

We wonder how Valve might react to handling an AO game if its Steam service, which currently distributes Rockstar's GTA IV online, is under consideration as a potential digital distribution source for Manhunt 2.

Calls to boycott Xbox Live Arcade offering Shadow Complex because it is based on the works of anti-gay rights author Orson Scott Card may be falling on deaf ears, reports gamezine.co.uk.

Card is part of the National Organisation for Marriage: founded in 2007 to act as an organised opposion against same-sex marriage. Card has personally campaigned against gay marriage, which he believes would mark an end to democracy. He further argues that homosexuality is a dysfunction...

Whatever the case, it looks like the boycott didn't work. Following rave reviews, Shadow Complex has romped to the top of the most played Xbox LIVE Arcade titles, even entering the top ten of all Xbox 360 games played online.

A Flash game in which players must shoot naked men in order to avoid being sexually assaulted has sparked controversy in Eastern Europe.

As reported by The Observers, Watch Out Behind You, Hunter! was originally released in 2002 on the French Uzinagaz portal, but subsequently banned following protests by gay rights advocates. More recently, the game has surfaced on a site hosted in Georgia.

Gay Armenia writes:

This is totally disgusting. The website has to be shut down unless they take this game out of their server... I wonder, where are the voices of those religious-minded people in Tbilisi, Georgia, who swear in the name of Georgian patriarch and constantly cite Bible to ‘justify’ their homophobia and hatred. Is this their (un-)‘orthodox’ way of bringing up children by creating an image of enemy (=gays) and teaching how to deal with it (=kill them)?

Jean Christophe Calvet, who operates Uzinagaz, defended the game:

We launched this game [in 2002] and it worked very well. It was only a few years after it came out that a gay rights association took legal action against us. So we withdrew the game. It's no longer available on French sites, but it's impossible to wipe it from all foreign sites too.

I have to say that at the beginning, we really didn't understand why the association was attacking us. The guy who came up with the game... wanted to mock hunters and red-necks, not gay men.

Our games are not politically correct. They're aimed at teenagers (12-18) and it's true that they're of a juvenile humour. I realise now that this one in particularly could be found shocking, but I believe that you should be able to make this kind of joke in the name of freedom of speech...

Via: GameCulture

The top dog at U.K developer A-steroids, creator of Underworld: Sweet Deal for the iPhone, is worried that his company's game is going to be rejected by Apple over its drug-dealing theme.

As readers may recall, this is a bit of an ongoing saga. GamePolitics reported in December, 2008 that A-steroids had renamed the game, originally called DrugLords, in an effort to avoid an App Store ban. A few days later, an Englishwoman who lost her daughter to heroin abuse called upon Apple to ban the game, whatever its title.

Apparently the issue is still up in the air, based on an e-mail GamePolitics received today from Andrey Podoprigora, Head of Studio for A-steroids:

We have recently released our first game on the AppStore - Underworld: SweetDeal. The game was previously known as DrugLords, location-based MMO about dirty trade...

This week, we have submitted the game in it's original drug-trade setting to the AppStore. We were hoping that after the iPhone 3.0 came out with it's parental controls improved, there is a chance for the game to finally come through.

Now, we have got an update from Apple, saying they require "unexpected additional time for review". Which is sort of bad because we are already familiar with responses like that - in December, 2008 this led to months of silence and then ended up as a reject. Would be sad if it means nothing changes in Apple's app reviewing policy.

Rep. Dennis Kucinich (D-OH) is no fan of the controversial Virtual Army Experience, a traveling, high-tech, video game-driven military recruiting program.

As GamePolitics reported in March, Kucinich urged the House Armed Services committee to eliminate funding for the project, charging that it "give[s] participants as young as 13 years old a naïve and unrealistic glimpse into the world of soldiering..."

In addition, Kucinich has taken the debate over the VAE to the floor of Congress. A C-SPAN video posted yesterday on YouTube shows the former presidential hopeful once again expressing concern over the recruiting program. Engaging in a colloquy with House Armed Services Committee chairman Ike Skelton (D-MO). Kucinich said:

Children as young as 13-years-old are participating in the Virtual Army Experience, which paints an innaccurate picture of war by glorifying it while sanitizing the real effects. More than a mere video game, it includes interactions with real veterans, who appear to be in perfect health. It also requires that the user, regardless of age, share personal information as a condition of participation...

 

I think we can agree that the Virtual Army Experience video game must be revalidated to ensure that its age-appropriate rating is accurate in the context of how it's being employed; that the Virtual Army Experience content should be reviewed to ensure it accurately reflects the consequences of war; and that there must be increased transparency with regard to how the personal information of the participants, collected during participation, will be used by the Army.

Skelton's response is of interest in that he didn't exactly disagree with Kucinich:

I support the VAE. At the same time, I know it can be improved. And I would be happy, of course, to work with this gentleman to address the issues that you have so aptly raised.

GP: At this point we're not entirely sure when Kucinich made the remarks in the House; given that they just hit YouTube, we assume that they are recent. Any GamePolitics reader input on the timing of Kucinich's comments will be gratefully accepted.

Thanks to: GP correspondent Andrew Eisen...

The launch of America's Army 3.0 this week didn't go smoothly thanks to problems with the game's authentication servers. Laying off the entire development team probably didn't help the situation.

As Shacknews reports, the Emeryville, California-based studio was closed with future work on the series transferred to Alabama's Redstone Arsenal.

A post on the official AA message board (since removed) by an anonymous team member was captured by VE3D and shows the apparent level of frustation felt by developers.

Imagine trying to build a game with an impossible deadline, steadily declining workforce (via firings), A hiring freeze, constantly being fed misinformation, having the "higher ups" completely ignore your weekly plea for either A) more time, or B) more manpower, working a ton of unpaid overtime, pouring your heart and soul into a misadventure only to have the uniformed community scoff at you for uncontrollable variables...

 

In fact, the bureaucracy is so convoluted that you can't even begin to imagine the breadth and scope of B.S. the devs had to deal with daily... imagine being the subcontractor of a subcontractor of a contractor to the government...

 

I'm not sure why i've felt compelled to write this when I'm sure it will get deleted, or even scoffed at further, but I hoped to let the fans know that we tried as hard as we could and are very bummed to see the fruits of our labor shoved at gamers like a heaping pile of crap.

GP: Interestingly, there is a launch event for America's Army 3.0 today at the Army Experience Center in Philadelphia, which was the site of a large-scale protest against the game in May.

Partially Via: Blue's News

Much has been written about RapeLay since the controversial Hentai game was discovered for sale on Amazon a few months back.

But while the debate thus far has largely centered around whether Japan, where RapeLay and most similar titles originate, should allow games featuring sexual violence to be published, a recent court ruling suggests that U.S. citizens who possess RapeLay and games of its ilk may be guilty of a federal offense.

Wired's Threat Level blog reports that on Monday the 4th U.S. Circuit Court of Appeals refused to consider the appeal of Dwight Whorley, a Virginia man who was convicted in U.S. District Court of possessing actual kiddie porn. But, under what is known as the 2003 Protect Act, prosecutors also charged Whorley with possessing manga which depicted minors having explicit sex. From the relevant section of the Protect Act:

Any person who... knowingly possesses a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that—

 

(1) (A) depicts a minor engaging in sexually explicit conduct; and

(B) is obscene; or

(2) (A) depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; and

(B) lacks serious literary, artistic, political, or scientific value... shall be subject to the penalties provided...

(c) Nonrequired Element of Offense.— It is not a required element of any offense under this section that the minor depicted actually exist.

Threat Level also cites a similar conviction against Christopher Handley, a comic book collector who imported sexually explicit manga containing illustrations of child sex abuse and bestiality. Unlike Whorley, Handley possessed no actual child pornography.

So how does this connect to the RapeLay situation? A [NSFW] review of the game posted on Something Awful describes graphic, forced sex with a mother and her two minor daughters, the youngest of whom appears to be about ten years old. Save for the fact that it's interactive, RapeLay is not much different from the type of hardcore manga which earned federal time for Whorley and Handley.

We should note that a single judge on the 4th Circuit dissented from the opinion upholding Whorley's conviction and urged that the case be sent to the U.S. Supreme Court. But for now, at least, owning a copy of RapeLay seems like a risky legal proposition, indeed.

In an editorial published this morning the Albany Times-Union offers support for a federal lawsuit filed last week against the city of Troy, New York and its public works commissioner, Robert Mirch (left).

GamePolitics readers will recall that in 2008 inspectors invoked the city's building code to shut down an art gallery which was displaying Virtual Jihadi, Iraqi artist Wafaa Bilal's controversial computer game exhibit. From today's Times-Union editorial:

What constitutes free and protected speech in Troy, and what constitutes public safety and unacceptable building code violations, aren't merely matters of fiat. They aren't simply up to the whims of Robert Mirch. They shouldn't be, at least...

 

The public works commissioner, not to mention the majority leader of the Rensselaer County Legislature, had effectively appointed himself arbiter of public morals...

Mr. Mirch, meanwhile, seems to have a new beef with the media... He's bothered that the lawsuit, which after all is a public document, has made it into the hands of the media. Let's hope he doesn't try to use the building code to further retaliate...

Free speech and the building code should be kept separate.

On Fox and Friends this morning the debate over Six Days in Fallujah is back in the news.

Joining host Gretchen Carlson are Atomic Games president Peter Tamte, retired USMC Capt. Read Omohundro, an advisor on the project and Tracy Miller, who lost a son in the Fallujah fighting.

Via: Kotaku

America's Army, the only video game in recent memory to generate a full-blown protest march, is getting an upgrade to v3.0; the new version will be carried by Valve's Steam service.

A press release issued by America's Army's P.R. consultant this morning announced that AA3 will be available as a free Steam download beginning on June 17th. In addition to Steam, fans can download the new version from other locations listed on the AA3 site.

Of the game's availability on Steam, Marsha Berry, senior executive producer for America's Army said:

We are very excited to work with Valve to distribute AA3 on Steam as it gives us access to great distribution technology as well as a tremendous user base. Additionally, we have incorporated Steamworks features such as Achievements and Steam Cloud to create a richer experience for Steam users.

 

Our relationship with Steam will broaden our reach to a new community and it offers our current players a great new way to get the America's Army game and keep it updated. Players will also be able to download AA3 using the America's Army Deploy Client from the Deploy network of providers listed on the America's Army download site.

America's Army, the first-person shooter freely distributed as a recruiting tool, has been supplemented with a graphic novel.

Written by M. Zachary Sherman and inked by Michael Penick and J. Brown, the work spins the tale of the Army's struggle to save innocents in the fictional Democratic Republic of the Ostregals.

The expansion from games to comic books is likely to rile critics who object to the Army's incursion into pop culture for recruitment purposes.

Via: Blue's News

A Japanese industry standards group has issued a ban on the controversial RapeLay and games of its ilk, according to Bloomberg.

While reports last week that the Ethics Organization of Computer Software had taken such a step were premature, the ban, which carries no legal authority, has now been confirmed. 233 Japanese software firms belong to EOCS, including 90% of the country's makers of adult software. In issuing the ban EOCS made reference to a February motion in the British Parliament which condemned RapeLay.

Such games are a thriving business in Japan, Bloomberg reports:

The adult software games industry had sales of 34.1 billion yen ($353 million) in 2007...

Computer games containing rape scenes are readily available in Japanese stores. Yodobashi Camera Co., an electronics retailer, sells ‘Rape!Rape!Rape!’... at its store in Akihabara, a shopping area of Tokyo famous for stores popular with fans of the Japanese cartoons known as manga.

With RapeLay requiring players to assault a 12-year-old girl character, Bloomberg notes that possession of real child pornography, much less the virtual kind, is not illegal in Japan. Former U.S. Ambassador Thomas Schieffer criticized Japan over the issue in January of this year:

Only Japan allows people to possess these hideous images without penalty...  Is it not time for Japan to find a way to punish the guilty?

Although the EOCS ban lacks the force of law, Singapore's Straits Times reports that most Japanese retailers will follow the edict.

Fox News offers its take on the cancellation of Rendition: Guantanamo, including an interview with Pete Hegseth of Vets For Freedom.

Hegseth, who served with the U.S. military in Iraq and as a guard at Guantanamo Bay, was also interviewed by conservative newspaper the Washington Times:

[Rendition: Guantanamo] looked like to us a blatant attempt to twist reality and change the perception of the American soldier...

 

We need to keep [pressure] on guys like [former Guantanamo detainee] Moazzam Begg and what they are trying to do in rewriting history at Guantanamo: That our troops are oppressors and that the detainees are all victims.

ABC News has posted a web feature on controversial games, listing nine titles "that went too far." The games chosen by ABC's Ki Mae Huessner are:

• Rendition: Guantanamo
• Six Days in Fallujah
• Faith Fighter
• RapeLay
• Miss Bimbo
• GTA IV
• Manhunt 2
• Super Columbine Massacre RPG
• JFK Reloaded

Although Ki Mae interviewed me for the piece, I'm not clear as to the criteria she used to narrow her final list down to nine. Still, it's a thought-provoking article and should serve as a good starting point to discuss what makes a game controversial.

A small band of demonstrators gathered outside the Los Angeles Convention Center today to protest Dante's Inferno, an upcoming video game from publisher Electronic Arts.

While attendees viewed Dante's Inferno at EA's booth in the South Hall of the LACC, a dozen or so members of a Ventura County, California church group marched on the sidewalk. The protesters carried signs with messages like "EA = anti-Christ," reports the Los Angeles Times:

Matthew Francis, one of the protesters, said he and his fellow church members were particularly upset that Dante's Inferno features a character who fights his way out of Hell and uses a cross as a weapon against demons.

 

"We think this game should never come out," he said...