ELSPA vs BBFC

The daggers are out in a very public spat between the organisation that lobbies on behalf of the UK

The post-Byron review games industry is getting itself very worked up about regulatory frameworks.

Having commissioned the ‘Children and new technology’ review with the hope that it might provide some critical mandate for greater control of bad-technology - the surprise in government was matched only by its disappointment when Dr Tanya Byron turned in her findings.

Balanced, measured and refreshingly free from hysteria - Byron’s report affirmed many of the positive outcomes of playing videogames and singularly failed to provide the anti-games lobby with any serious ammunition. It’s strange then, that the industry has failed to seize on it as anything other than an opportunity to fight the British Board of Film Classification (BBFC). Whilst Dr Byron considered many of the potential risks to children and presented a number of measures to increase protection, in the thorny issue of regulation her findings were unfortunately less conclusive.

To recap, then: BBFC, media ratings body funded by submission fees with statutory powers - PEGI, the pan-European body established and funded by the Games industry in order to regulate itself. One can probably already sense where the tensions are going to arise.

Byron called for a collaborative approach between the BBFC and PEGI combined with a period of public consultation. To move beyond the confused system we are currently working with she recommended that the organisations work closely together to devise the best system for moving forward with.

When she made these recommendations her assumption was probably that these two bodies would be able to work together, however on the evidence of recent exchanges it seems she would have had more luck organising a McCartney-Mills reconciliation.

At a recent Westminster Media Forum examining the computer games industry, regulatory framework issues was always going to be high on the agenda, although no-one expected it to feature in the keynote quite as explicitly as it did.

Having limited time available, Entertainment & Leisure Software Publishers Association (ELSPA) director Paul Jackson used his opening keynote to make the case for PEGI and formally trash the BBFC in surprisingly emotive and unequivocal language. Jackson characterised this moment as, ‘the most biggest legislative challenge ever faced by the industry’ - that PEGI was the ‘gold standard’ and the ‘solution for today, and the solution for tomorrow’. Perhaps most explicitly, he directly accused the BBFC of simply not having the expertise to classify games. Such provocative fighting talk so early in the proceedings was a little unexpected, so it was disappointing that having drawn a circle in the dirt Jackson then had to put his shirt back on and leave for other business. The BBFC representatives sat on the back row, shaking their heads at this extraordinary attack. For ELSPA certainly, that is already not about how to best collaborate - but about aggressive lobbying to select PEGI as the existing system of choice.

In the following panel discussion, Paul Johnson, head of policy for the BBFC was afforded the right to reply - which he took with enthusiasm and delivered a robust defense. He addressed the reasons why the industry favored PEGI, ‘Industries do tend to like regulatory systems that they own and control’, before going to on vehemently reject ELSPA’s criticisms.

This continued for some time, with Times Journalist / ELSPA PR advisor Tim Wapshott describing the notion of the BBFC not ‘crying wolf’ by sometimes rating games lower than they are in Europe as ‘absurd’. Wapshott explained that this might mean an adult might be playing an adult game online with a child, clearly at situation which would be unacceptable and a wholly reasonable point. To emphasise his point, he later went on to claim that,”..at any one time there are fifty-thousand paedophiles on the internet..” Whilst not venturing to suggest how this number was obtained, everyone agreed that it was a jolly dramatic moment.

The key points were neatly rounded up by industry elder-statesman Chris Deering. In a presentation which was somehow both soulfully optimistic and apocalyptically jaded, he celebrated the artistic achievement of the industry whilst drawing everyones attention to the fact that the biggest challenge here is in the online space. If regulating the availability of static disc-based media is a huge challenge, how can either organisation possibly hope to control networked gameplay? It is of course, the same problem facing the entire online entertainment space. The problem of classification is but the beginning, the real challenge is how to practically restrict access.

Or perhaps not… On this showing the real challenge is apparently even getting the stakeholders in the regulatory discussion to talk to each other. Johnson announced that the BBFC have been trying to participate in a dialogue but that unfortunately, “ELSPA have instructed their members not to talk to us about Byron at all.”

Witnessing this extraordinary exchange, one couldn’t help but sense that we’re missing something here. Surely there must be a business development agenda here that’s being left unspoken? There must be some behind the scenes conflict that is precipitating this public showdown? Either way, this kind of display is hugely unhelpful for the industry moving forwards. The sorry affair put me in the disorientating position of finding myself agreeing with Margaret Hodge MP, who in her statement following the spat called on both parties to act in a ‘grown-up way’ in sorting this out.

Byron Review: Full Text
Byron Review: Executive Summary
BBFC
PEGI

Iain Simons writes, talks and tweets about videogames and technology. His new book, Play Britannia, is to be published in 2009. He is the director of the GameCity festival at Nottingham Trent University.
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Lord Empey: Northern Ireland likely to be without government for a year

The former UUP leader says Gerry Adams is now in "complete control" of Sinn Fein and no longer wants to be "trapped" by the Good Friday Agreement

The death of Martin McGuinness has made a devolution settlement in Northern Ireland even more unlikely and has left Gerry Adams in "complete control" of Sinn Fein, the former Ulster Unionist leader Reg Empey has said.

In a wide-ranging interview with the New Statesman on the day of McGuinness’ death, the UUP peer claimed his absence would leave a vacuum that would allow Adams, the Sinn Fein president, to consolidate his hold over the party and dictate the trajectory of the crucial negotiations to come. Sinn Fein have since pulled out of power-sharing talks, leaving Northern Ireland facing the prospect of direct rule from Westminster or a third election in the space of a year. 

Empey, who led the UUP between and 2005 and 2010 and was briefly acting first minister in 2001, went on to suggest that, “as things stand”, Northern Ireland is unlikely to see a return to fully devolved government before the inquiry into the Renewable Heat Incentive scheme is complete -  a process which could take up to a year to complete.

“Adams is now in complete control of Sinn Fein,” he said, adding that it remained unclear whether McGuinness’ successor Michelle O’Neill would be “allowed to plough an independent furrow”. “He has no equal within the organisation. He is in total command of Sinn Fein, and that is the way it is. I think he’s even more powerful today than he was before Martin died – by virtue of there just being nobody there.”

Asked what impact the passing of McGuinness, the former deputy first minister and leader of Sinn Fein in the north, would have on the chances of a devolution settlement, Empey, a member of the UUP’s Good Friday Agreement negotiating delegation, said: “I don’t think it’ll be positive – because, for all his faults, Martin was committed to making the institutions work. I don’t think Gerry Adams is as committed.

Empey added that he believed Adams did not want to work within the constitutional framework of the Good Friday Agreement. In a rebuke to nationalist claims that neither Northern Ireland secretary James Brokenshire nor Theresa May can act as honest or neutral brokers in power-sharing negotiations given their reliance on the DUP’s eight MPs, he said: “They’re not neutral. And they’re not supposed to be neutral.

“I don’t expect a prime minister or a secretary of state to be neutral. Brokenshire isn’t sitting wearing a hat with ostrich feathers – he’s not a governor, he’s a party politician who believes in the union. The language Sinn Fein uses makes it sound like they’re running a UN mandate... Gerry can go and shout at the British government all he likes. He doesn’t want to be trapped in the constitutional framework of the Belfast Agreement. He wants to move the debate outside those parameters, and he sees Brexit as a chance to mobilise opinion in the republic, and to be seen standing up for Irish interests.”

Empey went on to suggest that Adams, who he suggested exerted a “disruptive” influence on power-sharing talks, “might very well say” Sinn Fein were “’[taking a hard line] for Martin’s memory’” and added that he had been “hypocritical” in his approach.

“He’ll use all of that,” he said. “Republicans have always used people’s deaths to move the cause forward. The hunger strikers are the obvious example. They were effectively sacrificed to build up the base and energise people. But he still has to come to terms with the rest of us.”

Empey’s frank assessment of Sinn Fein’s likely approach to negotiations will cast yet more doubt on the prospect that devolved government might be salvaged before Monday’s deadline. Though he admitted Adams had demanded nothing unionists “should die in a ditch for”, he suggested neither party was likely to cede ground. “If Sinn Fein were to back down they would get hammered,” he said. “If Foster backs down the DUP would get hammered. So I think we’ve got ourselves a catch 22: they’ve both painted themselves into their respective corners.”

In addition, Empey accused DUP leader Arlene Foster of squandering the “dream scenario” unionist parties won at last year’s assembly election with a “disastrous” campaign, but added he did not believe she would resign despite repeated Sinn Fein demands for her to do so.

 “It’s very difficult to see how she’s turned that from being at the top of Mount Everest to being under five miles of water – because that’s where she is,” he said. “She no longer controls the institutions. Martin McGuinness effectively wrote her resignation letter for her. And it’s very difficult to see a way forward. The idea that she could stand down as first minister candidate and stay on as party leader is one option. But she could’ve done that for a few weeks before Christmas and we wouldn’t be here! She’s basically taken unionism from the top to the bottom – in less than a year”.

Though Foster has expressed regret over the tone of the DUP’s much-criticised election campaign and has been widely praised for her decision to attend Martin McGuinness’ funeral yesterday, she remains unlikely to step down, despite coded invitations for her to do so from several members of her own party.

The historically poor result for unionism she oversaw has led to calls from leading loyalists for the DUP and UUP – who lost 10 and eight seats respectively – to pursue a merger or electoral alliance, which Empey dismissed outright.

“The idea that you can weld all unionists together into a solid mass under a single leadership – I would struggle to see how that would actually work in practice. Can you cooperate at a certain level? I don’t doubt that that’s possible, especially with seats here. Trying to amalgamate everybody? I remain to be convinced that that should be the case.”

Accusing the DUP of having “led unionism into a valley”, and of “lashing out”, he added: “They’ll never absorb all of our votes. They can try as hard as they like, but they’d end up with fewer than they have now.”

Patrick Maguire writes about politics and is the 2016 winner of the Anthony Howard Award.