Dáil Éireann Debate, Thursday - 15 February 2018
176. Deputy Róisín Shortall asked the Minister for Business, Enterprise and Innovation the way in which video games and gaming are regulated here in terms of content, age rating, sale to minors, purchase of online upgrades, the prevalence of gambling and so on; and if she will make a statement on the matter. [7966/18]
Amharc ar fhreagraAs the Minister for Justice and Equality has policy responsibility for gambling legislation, I am not in a position to say what measures, if any, are being taken under such legislation to monitor in-game purchases by minors or the prevalence of gambling in such games. As the Deputy may be aware, the Minister for Justice and Equality is currently working on updating the General Scheme of the Gambling Control Bill.
Video and computer games, whether in online or other form, are subject to the provisions of general consumer protection legislation. The Consumer Protection Act 2007 (which gives effect to Directive 2005/29/EC on Unfair Commercial Practices) contains provisions of general application on unfair, misleading and aggressive commercial practices that may be relevant in some cases to video and computer games. The European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 (which give effect to Directive 93/13/EEC on unfair terms in contracts) apply similarly to consumer contracts for video and consumer games. The information requirements of the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (which give effect to Directive 2011/83/EU on Consumer Rights) apply to consumer contracts for video and computer games as, subject to certain specified exceptions, does the right of consumers under the Regulations to cancel an online contract for video or computer games within 14 days of delivery of the goods in the case of games supplied in tangible form or of the conclusion of the contract in the case of games supplied in digital form. The Regulations do not apply however to contracts for gambling, defined as “wagering a stake with pecuniary value in games of chance, including lotteries, casino games and betting transactions.” If the Deputy has reason to believe that video and computer games are in breach of any of the above-mentioned legislation, I suggest that she provide details to the Competition and Consumer Protection Commission which has responsibility for their enforcement.
In June 2016, the Justice and Home Affairs Council agreed a General Approach on a proposed Directive on contracts for the supply of digital content, including digital games. The proposed Directive is currently the subject of trilogue discussions involving the European Council, Commission and Parliament. It deals with matters such as the supply of digital content, its conformity with the contract in respect of a wide range of requirements including quality, functionality, compatibility, interoperability, fitness for normal purposes, fitness for any particular purpose made known by the consumer, and updates. The General Approach also sets out the remedies available to consumers where digital content does not comply with these requirements. It excludes from the scope of the Directive gambling services, defined as “services which involve wagering a skill with pecuniary value in games of chance, including those with an element of skill, such as lotteries, casino games, poker games and betting transactions, by electronic means or any other technology for facilitating communication and the individual request of a recipient of a service.”
In general, these consumer protection measures aim to protect the economic interests of consumers and do not deal with matters such as age rating and the protection of minors.
