HB 353 would have added stiffer fines to video game retailers and movie theaters that gave minors access to games or movies rated above their age level. After breezing through the House and Senate by wide margins, it was expected that Governor Huntsman would back it as well. Not so. Industry lobbying seemed to play a big part in the bill's failure, according to Huntsman's letter to the heads of the House and Senate, found on Saintless:

After careful consideration and study, I have decided to veto HB 353, TRUTH IN ADVERTISING ACT AMENDMENTS, and have transmitted it to the Lieutenant Governor for filing.

While protecting children from inappropriate materials is a laudable goal, the language of this bill is so broad that it likely will be struck down by the courts as an unconstitutional violation of the Dormant Commerce Clause and/or the First Amendment.

The industries most affected by this new requirement indicated that rather than risk being held liable under this bill, they would likely choose to no longer issue age appropriate labels on goods and services. Therefore, the unintended consequence of the bill would be that parents and children would have no labels to guide them in determining the age appropriateness of the goods or service, thereby increasing children's potential exposure to something they or their parents would have otherwise determined was inappropriate under the voluntary labeling system now being recognized and embraced by a significant majority of vendors.

I'm guessing that the Governor really sweated over this, perhaps while the song "Pressure" played over and over again in the background.

Speaking to Game Politics, Thompson indicated that the bill's backers are seeking to override the veto. Good luck with that.

BREAKING: Utah Governor Vetoes Video Game/Movie Bill [Game Politics]

"Minnesota's citizens should be outraged at paying the bill for this flawed plan. Minnesota's public officials ignored legal precedent and instead pursued a political agenda that ultimately cost taxpayers money," said Michael D. Gallagher, CEO of the ESA, which represents U.S. computer and video game publishers. "Courts across the United States have ruled consistently that video games are entitled to the same First Amendment protections as other forms of art, such as music and literature."

Minnesota Pays $65,000 in Legal Fees to the Video Game Industry Taxpayers Pay for Politicians' Decision to Pursue Unconstitutional Law

JUNE 30, 2008 - Washington, DC - The Entertainment Software Association (ESA) announced today that the state of Minnesota paid $65,000 in attorney fees and expenses incurred as a result of their successful challenge to Minnesota's unconstitutional video game law. The ESA, which prevailed over similar unconstitutional laws in nine other jurisdictions, now has been awarded close to $2 million in fees and expenses spent in defending gamers, developers and publishers' First Amendment rights.

"Minnesota's citizens should be outraged at paying the bill for this flawed plan. Minnesota's public officials ignored legal precedent and instead pursued a political agenda that ultimately cost taxpayers money," said Michael D. Gallagher, CEO of the ESA, which represents U.S. computer and video game publishers. "Courts across the United States have ruled consistently that video games are entitled to the same First Amendment protections as other forms of art, such as music and literature."

On July 31, 2006, Judge James M. Rosenbaum, US District Court, Minnesota, issued a permanent injunction to halt implementation of a Minnesota law which sought to penalize minors for the purchase or rental of M- or AO-rated games. In his decision, Judge Rosenbaum stated that "...there is no showing whatsoever that video games, in the absence of other violent media, cause even the slightest injury to children." The Court then raised questions about the Legislature's motives in passing such an obviously unconstitutional law, stating "...several other states have tried to regulate minors' access to video games. Every effort has been stricken for violating the First Amendment....The Court will not speculate as the motives of those who launched Minnesota's nearly doomed effort to "protect" our children. Who, after all, opposes protecting children? But, the legislators drafting this law cannot have been blind to its constitutional flaws."

Gallagher said that "politicians need to realize that the key to protecting our children from inappropriate media content is not haphazard legislation, but rather parental education. Video games have a first class ratings system supported by retailers, opinion leaders and parents. It would be a far better use of public funds to help support this system, rather than continue to pursue unconstitutional legislation that works against it."

The Entertainment Software Rating Board (ESRB) assigns content ratings to computer and video games. According to the Federal Trade Commission (FTC), 80 percent of parents are aware of the ESRB system, and over 70 percent of parents use it in making their buying decisions. And, a new FTC report released last month shows that 80 percent of the agency's undercover underage shoppers were not able to buy M-rated video games, 433% above the rate measured in 2000.

The Entertainment Software Association is the U.S. association dedicated to serving the business and public affairs needs of companies publishing interactive games for video game consoles, handheld devices, personal computers, and the Internet. The ESA offers services to interactive entertainment software publishers including a global anti-piracy program, owning the E3 Media & Business Summit, business and consumer research, federal and state government relations, First Amendment and intellectual property protection efforts. For more information, please visit www.theESA.com.

Germany is leading the charge for standardizing rules regarding violent video games across the European Union. The country has perceived a massive rise in video game related violence as of late (which happens when you start looking for video game links to every crime that occurs) has recently proposed a law in their own country banning any game that depicts violence against humans. Since they are calling for standardized rules, one can easily assume they would like to see the same sort of law adapted across the whole of Europe.

"A certain degree of linkage between the growing violence among the younger generation and the growing diffusion of violent games exists," said Franco Frattini, the European Justice commissioner, at a meeting of the justice ministers in Dresden, Germany, on Tuesday.

Two German states have drafted a gaming bill that would make the Unnamable One proud. The proposed bill would levy hefty fines and jail time for anyone who develops, distributes, or even plays a game that includes "cruel violence on humans or human-looking characters". The draft comes in response to the German school shooting that occurred last month, in which a Counter-Strike player stormed the building, wounded upwards of 40 people, and then took his own life. Main sponsor of the proposal, Minister of the Interior Gunther Beckstein, had this to say:

It is absolutely beyond any doubt that such killer games desensitise unstable characters and can have a stimulating effect.

The law could put a serious damper on Germany's massive online gaming community, which could find its estimated 2 million players stuck romping through Hello Kitty Island Adventure instead of shouting "Boom! Headshot!" In a perfect world you could combine the two. Michael Fahey

Germany plans crackdown on violent online games [MSNBC via GamePolitics.com - Thanks 17-A]