The ESRB (Entertainment Software Ratings Board) is the ratings service that tags the game “Mature, 17+”. In this rating, topless is ok. There is a category called “Adults Only 18+”, which would include full nudity, but that is reserved for PC games. Console game publishers will not include games with an AO rating. The theory being that consoles have more underage players.
The ESRB operates this system in all of North America (US, Canada, & Mexico). It’s history goes back to the mid-90’s, and is similar to the warning on music/comedy albums for profanity.
Now, I know how this all got started. I was there, and I don’t really care about that. The ratings themselves are helpful for those parents who want to know what their kids are in to. Since I am, in this case, the person playing the game, I would prefer to have the choice.
Sony can’t change it. X-box can’t change it. ESRB, a supposed non-profit, makes a lot of money off it, so they won’t cease to exist.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
To put it shortly there can be no law censoring video games in any State of the United States of America, its territories, or protectorates.
Any censoring done is by private parties within the United States, not by any government authority. So it would be up to Sony to remove such restriction from US markets, they can easily be pressured into doing so by its consumers.
You all will notice that the Steam release of Conan Exiles has no ESRB rating. Steam does not require publishers to seek ratings with them.
Also, Reno v. ACLU, 521 U.S. 844 (1998) and the Miller v. California, 413 U.S. 15 (1973) are things you may wish to familiarize yourself with before going further.
Once you understand the legal definition of Obscenity, which is not protected speech in the U.S., it would behoove you to look at the laws already in place in several states (Utah is a good start) and then look at the legislation introduced by Senator Lee for “protecting our children” from naughty content.
While this one generally finds politics on forums somewhere significantly beneath contempt, in the case when they are censorship laws which could be tortured into impacting this one’s hobbies (hating on Video games is a bi-partisan pastime), it becomes a filthy necessity.
The ESRB, like the now defunct Comic Code, and the MPA are voluntary industry opt in rating systems. In the hopes of staving off state censorship which has existed in the past and will frequently re raise it’s ugly head whenever someone needs a low hanging pearl to clutch.
The former basically overrules the latter, and the case I quoted pretty much supersedes both. As far as what is happening in Utah, I don’t expect that to hold up to judicial scrutiny, and it doesn’t really apply to Conan Exiles here.
This one disagrees.
Brown was about violence as the Crux.
Based on the current SCotUS composition and their trends, this one gives it about even chances of holding up. Keep in mind that we aren’t talking about violence (which the U.S. has a history of greater acceptance in entertainment) but rather sexy bits (which we have historically shown abject terror of our peepees to the point of labeling medical textbooks as that specific type of graphy).
If you got the cash, you wanna support the developers, and you want nudity, I don’t see what’s wrong with pulling the trigger. Up to you. It’s not difficult. If Sony cared, they wouldn’t make the system region free. You however MAY be limited by third party streaming services if you choose to stream though, but that’s not a big deal.
They would if they lost revenue from it. When people keep buying Xbox and PS games they support the censorship. This is one of the main reasons I stick to PC and specific retailers like Steam.
