AZ Bill: Hold Content Makers Liable

Under Consideration by State Senate

A bill under consideration by the Arizona state Senate today would allow game creators and many others liable for civil damages if it’s deemed “dangerous,” “obscene,” or is motivation for someone to commit a crime, including acts of terror.

HB 2660 passed the Arizona House last month, 36 to 23. The actual bill is pretty broad and can be interpreted to cover all content creators–though the official definition in the bill applies the law to a party that “produces, publishes, or distributes written, audio, video or digital material.” What determines “dangerous” and “obscene” is spelled out in the bill:

1. “Dangerous” means material that is found by cleaR and convincing evidence to incite or produce an imminent act of terrorism or a felony offense.

2. “Obscene” means material that:

(a) The average person, applying contemporary community standards, would find that the material, taken as a whole, appeals to the prurient interest.

(b) The average person, applying contemporary community standards, would find that the material depicts or describes, in a patently offensive way, sexual conduct specifically defined by state law.

(c) Taken as a whole, lacks serious literary, artistic, political or scientific value.

The bill has gained enough steam such that the Video Game Voters Network has put out an alert on the matter. While HB 2660 potentially has much more ramifications on the First Amendment and protected speech, their take on it is much more skewed:

If enacted, the measure would penalize video game developers and blame them for society’s ills. This bill punishes individuals who produce or distribute so-called “dangerous” materials. The bill defines these materials as anything an accused individual might claim “drove” them to commit a felony or act of terrorism. This legislation is dangerous because it inhibits developers’ creative expression and would restrict development of the computer and video games we enjoy.

There is concern in the industry that this bill may pass the state Senate–given the majority’s passage in the state House–and it could ultimately end up in the courts.  We’ll keep close tabs.