ph0b0s123 said:
No, those ratings are voluntary by the industry. Their is no law enforcement behind it only industry fines and sanctions. That is because Movies and Games are protect free speech (remember that big supreme court case last year), so you cannot put in legal restrictions.
Porn is different, Porn was ruled not to be protected free speech so legal requirements can be put on it's sales etc.
Cinema's and games sellers are legally allowed to let children watch MA films, buy MA games. They don't though because if they get found out the movie industry fines them and does not give them any new movies, so they go out of buisness. Same thing with the games industry.
That's my understanding of the difference anyway. Also this is just the US. In a country like the UK the age certificates are legally enforced.
Really? I didn't know films were rated voluntarily. I knew games were, but I thought there was a government body for films.
Makes sense, though.
CrystalShadow said:
Good question overall. But this kind of thing is based on the old ideas about copyright.
The concept of Intellectual Property that is pushed really hard these days doesn't gel well with the implications of this...
Think about it. If Porn cannot be copyrighted at all that makes it public domain by default.
If the status of anything that someone made an effort to create is public domain by default, then it implies they never owned it to begin with.
Which makes the whole concept of 'intellectual property' a bit of a joke.
(The default idea of property is not that it's collectively owned by the public unless stated otherwise. Which would appear to be the implication of copyright laws...)
I honestly don't know how to feel on the subject, to be honest. On the one hand, copyright protection was to support the power of the individual, allowing people to own their own ideas and profit from them. I've heard many people conclude that it is the reason the US is so powerful economically. Not so much capitalism as it is the fact that people can own what they create.
On the other hand, it's interesting to think that a copyright is basically only enforced if there is some benefit to the community. "The advancement of science or the arts." Kind of a collectivist idea behind an individualist idea. I mean, we don't think you have a right to what you make, unless it's something that makes everyone else better.
Seems rather self-defeating.
However, on a slightly different note, I would argue that an R or MA rated film or game isn't technically obscene.
For something to be obscene generally means it was refused classification altogether. (or has a classification in line with it being considered obscene.)
That may mean an R rating is unenforceable legally... (Which if I understand US law is actually true; - Games ratings are voluntary. Not legally enforced.)
Of course, that's very much a US thing. The ratings systems in other countries have far more legal weight behind them, because most other countries don't technically have freedom of speech as a fundamental concept.
(People in the UK & Australia for instance don't technically have the right to free speech. They have such rights in practice, but there's no actual fundamental legal protection of the idea of free speech...
Which might go some way to explaining UK libel laws, or the fact that an idea such as a 'super-injunction' is even possible...)
The idea that people in other countries don't have the right to free speech is terrifying. I've heard it before and I understand it, but it's nauseating to imagine people being locked up for their political views in otherwise "enlightened" countries. Truly horrifying.