Big techs are condemned for failing to protect children in electronic games

Child playing on computer in file image
Magnific/Reproduction
The 1st Children and Youth Court of the Federal District condemned large companies and international game developers for using loot boxes - surprise boxes that offer rewards upon payment - for exploiting the vulnerability of children and adolescents.
The decision that generated compensation of at least around R$300 million can still be appealed. Among the companies mentioned are Apple, Google and Microsoft (see details below).
The action was filed by the National Association of Child and Adolescent Defense Centers (Anced) based on the Child and Adolescent Statute and the Consumer Protection Code.
In the sentences, signed on the 9th, the judge points out the relationship between loot boxes and problems with gambling, in addition to generating compulsion, frustration and stress in children and adolescents.
Fantástico brings together parents and children to talk about ECA Digital
"The user spends currency acquired with real money to submit to a draw with an uncertain result, controlled by the supplier, from which aesthetic or gameplay advantages may arise. This confirms, on a material level, the structural identity between the functionality and mechanics of chance, regardless of the commercial name attributed to it", declares the judge.
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In a note (read in full below), the association that represents video game manufacturers stated that the sector "already has a wide variety of protection mechanisms" and that "it has been working on the implementation of additional measures".
"The industry will continue to engage in dialogue with authorities, regulators and other parties interested parties with the aim of promoting positive gaming experiences for Brazilian players and families", says the entity.
Decision
The judge points out, in the decisions, that there is abusive advertising directed at children and adolescents, "which takes advantage of the child and adolescent's lack of judgment and experience".
According to the judge, another problem is the lack of "ostensible and clear disclosure of the real probabilities of obtaining each item, information held exclusively by the supplier". high - systematic offer, in an electronic game with a broad global base and particular penetration among the Brazilian children and youth public, of a random monetization mechanism without adequate warning and without probabilistic transparency, exposing developing people to the risk of compulsive behavior and informational defects that violate the essential core of consumer rights", he says.
The compensation - which must be converted to the Children and Adolescents' Rights Fund of the DF - for each company was: Legends): R$15 million;
Ubisoft (Tom Clancy): R$8 million;
Apple (App Store): R$50 million;
Microsoft (Xbox): R$50 million;
Google (Google Play): R$40 million;
Sony (PlayStation Store and PlayStation Network): R$40 million;
Konami (PES and Mobile and Yu-GiOh! Duel Links): R$12 million;
EA Games (FIFA, Madden NFL, NBA Live, NHL, EA SPORTS UFC Mobile, Apex Legends, Star Wars Battlefront II, Need for Speed Payback and Plants vs. Zombies Garden Warfare 2): R$20 million;
Nintendo (Mario Kart Tour): R$5 million;
Blizzard Entertainment (Call of Duty, Overwatch and Hearthstone Heroes of Warcraft): R$ 18 million;
Valve (Counter-Strike): R$ 10 million;
Tencent (PUBG Mobile): R$ 50 million;
Garena Agency (Free Fire): R$ 15 million.
G1 tries to locate the defenses of the companies Ubisoft, Konami, EA Games, Nintendo, Tencent and Garena. Google stated that it will not comment on the case. The other companies did not comment until the last update of this report.
Companies must also adopt the following measures:
inclusion of an express warning on all reward box offer screens;
ostensive disclosure, accessible and visible on the purchase screen itself, of the exact probabilities of obtaining each item or category of items;
implementation of an age verification mechanism;
availability of a free and accessible reimbursement system for reward box purchases made by proven users under 18 years of age.
In case of non-compliance, there is a provision for a daily fine of R$100,000, initially limited to 30 days.
What the sector says
Read below the note released by the Entertainment Software Association (ESA):
"The video game industry considers the online safety of players - especially children and teenagers - a fundamental priority. The sector already has a wide variety of protection mechanisms, such as indicative ratings, parental controls, moderation of content and reporting tools, which help parents, guardians and players to make informed decisions.
Since the adoption of new safety standards in Brazil, companies in the sector have been working on implementing additional protection measures. The industry will continue to engage in dialogue with authorities, regulators and other interested parties with the aim of promoting positive gaming experiences for Brazilian players and families."

Source: G1