Advertising Principles and Guidelines

In fulfilling a key aspect of the self-regulatory mission of the ESRB, the Advertising Review Council (ARC) is responsible for the implementation, administration, and enforcement of advertising guidelines adopted by the video game industry. The following ARC Principles and Guidelines for Responsible Advertising Practices apply to all “qualifying advertising” for physical games rated by the ESRB. Furthermore, all publishers, co-publishers, licensees, and/or other third parties utilizing ESRB ratings for physical games are legally bound to comply with the guidelines. Failure to do so can result in points, corrective actions, and monetary fines.

The term “qualifying advertising” means all forms of video game advertising, such as all commercial messages and/or marketing materials related to the promotion, consumer testing, or sale of a product or service (including but not limited to packaging, advertising, promotional materials, newsletters, cross-promotions, demos, trailers, videos, billboards, and audio-visual materials) which are (a) directed at consumers within the United States and Canada and (b) distributed or disseminated through any medium currently known or hereafter developed.

All materials produced and distributed by a company for promotional purposes (including demos, trailers, or videos), regardless of whether the company paid for media placement, will be considered “qualifying advertising” and subject to the same standards and review.

Editorial content such as game reviews, news stories, or TV shows that a company did not produce or sponsor is not subject to review by ARC, nor do ARC requirements apply to advertisements or promotions directed solely to the trade.

When conducting a compliance review, ARC will examine whether an advertisement conforms to the Principles, focusing on whether it satisfies the core Guidelines. ARC considers the spirit as well as the specific text of these Principles and Guidelines. While the Principles set forth basic tenets of responsible advertising practices, the Guidelines provide greater specificity regarding content which may be inconsistent with ARC’s Principles and Guidelines. When reviews are conducted, the weight accorded to each Guideline will vary on a case-by-case basis depending on audience demographics, products, advertising, and the advertising medium involved. All advertising will be assessed with an eye towards the likely reaction of the broader general public, not merely those who purchase or play the game.

Principles

An advertisement should accurately reflect the nature and content of the product it represents and the rating issued (i.e., an advertisement should not mislead the consumer as to the product’s true character.) An advertisement should not glamorize or exploit the ESRB rating of a product or a ruling or determination made by ARC, nor misrepresent the scope of ARC’s determination. All advertisements should be created with a sense of responsibility toward the public. No advertisement should contain any content that is likely to cause serious or widespread offense to the average consumer. Companies must not specifically target advertising for entertainment software products rated “Teen,” “Mature,” or “Adults Only” to consumers for whom the product is not rated as appropriate.

Guidelines

These Guidelines are not intended to restrict or impede creative and/or innovative advertising. Rather, they highlight certain types of content that publishers should avoid when creating qualifying advertising. These Guidelines also are not intended to address or illustrate every type of extreme or offensive content that could lead to a violation; they merely provide illustrative examples.

The following Guidelines are applicable to all qualifying advertising EXCEPT FOR demos, trailers, and videos released on the internet. For demos, trailers, and videos released on the internet, any content from the game or live-action or pre-rendered sequences may be included, provided that such content reflects the game’s true nature and does not supplement or exceed the Pertinent Content in the game. (For age-gating requirements with respect to demos, trailers, and videos promoting games rated (or anticipated to be rated) Mature or Adults Only that are not suitable for a general audience, see Section VI.E.5.) While not required, ARC strongly recommends that publishers adopt an internal set of standards and practices for internet-distributed trailers and videos, which may include voluntarily adopting the content restrictions set forth in the following Guidelines. Alternatively, should publishers choose to do so, they may still submit their trailers and videos to ARC for a determination as to whether the content is consistent with the following Guidelines.