Don't say I didn't tell you so.
The Entertainment Software Rating Board (ERSB) has revoked Grand Theft Auto: San Andreas' M for Mature rating, which means that Rockstar Games will have to advise retailers to cease sales of the game until the situation can be corrected. Although early signs suggested that the ESRB would let this slide since modification is needed to access the infamous Hot Coffee sex mini-game, it looks as though they've changed their minds, likely because the industry as a whole sees how unwise it would be to tempt government intervention. It's chess, people.
"After a thorough investigation, we have concluded that sexually explicit material exists in a fully rendered, unmodified form on the final discs of all three platform versions of the game (i.e., PC CD-ROM, Xbox and PS2)," said Patricia Vance, president of the ESRB.
"However, the material was programmed by Rockstar to be inaccessible to the player and they have stated that it was never intended to be made accessible. The material can only be accessed by downloading a software patch, created by an independent third party without Rockstar's permission, which is now freely available on the internet and through console accessories. Considering the existence of the undisclosed and highly pertinent content on the final discs, compounded by the broad distribution of the third party modification, the credibility and utility of the initial ESRB rating has been seriously undermined."
The ESRB's findings contradict the claims made by Rockstar, which tried to lay the blame for the entire thing on modders. As we have suspected from the start, the mini-game is part of the original code, and is in fact available in all three versions of the game when modified (PC, Xbox, and PS2). While full nudity has to be added through the mods, the content of the mini-game on disc is beyond that assigned to the M rating, and apparently its "hidden" status is irrelevant.
Rockstar can offer retailers two options. They can allow retailers to sticker existing games with the Adult Only (AO) rating, which means that the game has to be displayed and sold differently, or they can return the games for new copies from Rockstar that have the offending content removed. Games that have had the content removed can be rated M.
Additionally, Rockstar will be providing a patch that will remove the content from existing games, although one can see how this may simply end up defeated.
As I tried to convey in my latest analysis of the situation, the ESRB is first and foremost concerned with upholding its power.
"The integrity of the ESRB rating system rests upon its accuracy and reliability, and we will continue to do whatever is necessary to protect the public's trust in it. Independent research confirms that the overwhelming majority of consumers find ESRB ratings to be an effective tool to help make informed purchase decisions," continued Ms. Vance. "We encourage every parent to always check the ratings before bringing games home for their families, and to actively monitor what their children play."
The other option is, of course, to allow the government to mandate the ratings. Unsurprisingly, the gaming industry would rather do it themselves.
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