So, I need to pull a minor reversal here. Back in January I wrote up a piece about how I thought the ESRB s rating system was flawed and that it needed to be reworked or face the sort of scrutiny that, well, it s facing now.

ESRB head Patricia Vance defended the system in an email I later posted. In her e-mail she said that maybe I need to read up on the system they use more.

Well, with the Grand Theft Auto Hot Coffee scandal brewing into a major deal and Senatorial investigation surely just around the corner, I finally took the time to follow Vance's advice.

While I still think the system has issues, mostly due to the inherently non-linear design of games, I now believe the ESRB's system for rating video games is as good as, if not better than, the system used to rate movies.

I ve typed up a break down of the two systems including their history, how they work and other interesting details, but here s the skinny.

Both systems are run by independent groups set up by their respective industries, both use similar systems to give out ratings, but only the ESRB has the ability to enforce the rating system. The movie rating system cannot be enforced by law or sanctions, it is purely voluntary.

Here s the break down:

When was the system established?

The Entertainment Software Rating Board was established in 1994 by the Entertainment Software Association.

The Classification and Rating Administration was established in 1986 by the Motion Picture Association of America.

What is the purpose of the rating system?

Both the ESRB and CARA systems are purely voluntary. The CARA is a voluntary organization sponsored by the MPAA and National Association of Theatre Owners. The ESRB is a voluntary organization sponsored by the ESA.

Who gives the ratings?

The CARA uses the film rating board which is made up of a group of parents who first view the film, then discuss it and vote on a rating. No movies are forced to submit a film to the board for a rating, but most do.

The ESRB uses a group of three specially trained raters. The raters are of various ages and background and cannot have any ties to the computer and video game industry. They are not expert game players and are kept anonymous to ensure the integrity of the process.

How is a rating determined?

CARA board members view a film then each member estimates what they think most parents would consider to be a good rating for the movie. After a discussion they vote, with each member filling out a form spelling out the reasons for a rating. The rating must be decided by a majority vote. The producer or distributor has the right to know why a movie got a specific rating and to edit a film in hopes of changing a rating.

A rating can also be appealed which involves presenting arguments before an Appeals Board and a secret ballot. A two-thirds vote is needed to overturn a rating.

The ESRB requires a game publisher to fill out a detailed questionnaire explaining what s in a game and submit it along with actual videotaped footage of the game, showing the most extreme content and an accurate representation of the context and product as a whole.

Three raters independently view the footage and recommend a rating and content descriptors. The ESRB then compares the recommendations to make sure there is a consensus. When raters disagree, additional raters are asked to review the game.

Once a rating decision is reached the publisher is given a rating certificate. When the game is ready for release it is sent to the ESRB to have its packaging reviewed to ensure the rating is displayed properly. The ESRB also has a game expert randomly play final games to make sure they match the information provided by the publisher.

What is the criteria for rating?

Both the CARA and ESRB look at the type of content, how it is presented and how much of the content is in the movie or game.

Theme, language, violence, nudity, sex and drug use are among those content areas considered in the decision-making process

How are ratings enforced?

The decision to enforce the movie rating system is purely voluntary and carries no force of law.

The ESRB is responsible for the enforcement of its ratings system. Publishers of a rated game are legally bound to disclose all pertinent content when submitting the game for an ESRB rating.

If in-game material is not disclosed that would have effected the rating or content descriptor of a game, the ESRB can take corrective actions and impose a wide range of sanctions, including fines, pulling advertising for a game, recalling a game or requiring a game to be re-stickered to the correct rating.

How well does the rating system work?

A nationwide scientific poll of the movie rating system conducted in December 2000, showed that 76 percent of parents with children under 13 found the ratings to be "very useful" to "fairly useful" in helping them make decisions for the movie going of their children.

A national survey of 800 parents of children ages 2 17, conducted by the Kaiser Family Foundation in 2001 about the ESRB system found that 52 percent of those who had used the video game ratings found the system very useful, while 41 percent said it was somewhat useful, with 3 percent responding not too useful, and 3 percent found the system not at all useful

A national poll commissioned by the ESRB in 2002 found that when read a description of the system, 90 percent of parents said they found it very or somewhat helpful.

According to the Federal Trade Commission, the ESRB is "the most comprehensive of the three industry systems" and "there is much in the game industry's rating disclosure requirements that merits duplication by others."

Sources: CORA and ESRB