Breaking: ESRB Changes Oblivion's Rating to "M"

May 03, 2006 | By: James Brightman

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Perhaps learning from the debacle that was the "Hot Coffee" scandal, the ESRB today changed the rating on The Elder Scrolls IV: Oblivion from Teen to Mature. Depictions of blood and gore and a third-party nude "skin" mod were cited as the major reasons. [Update: IEMA reacts; Update #2 - Bethesda responds]

The Entertainment Software Rating Board (ESRB) has just sent word that the rating assigned to Bethesda's and 2K Games' The Elder Scrolls IV: Oblivion has been changed from T (Teen 13+) to M (Mature 17+). "The content causing the ESRB to change the rating involves more detailed depictions of blood and gore than were considered in the original rating, as well as the presence of a locked-out art file or 'skin' that, if accessed through a third party modification to the PC version of the game, allows the user to play with topless versions of female characters," said the ESRB in a release.

"In line with its mission to inform consumers about the age-suitability and content of computer and video games, this ESRB Parent Advisory has been issued to ensure that parents who have purchased this game are immediately notified of the rating change," the release continued. "Parents should also know that a patch for the PC version of the game that disables access to the file with the topless skin will be made available shortly. It will be posted in the near future at http://www.elderscrolls.com/. If parents have questions or concerns about the change in rating, they should contact their retailer."

"Parents across the country depend on ESRB ratings every day to make sensible choices about the games they bring home for their families," said ESRB president Patricia Vance. "Rating changes are extraordinarily rare, but if ever one does occur, ESRB recognizes that parents must be made aware of the change as quickly as possible so they are certain to have the most current and accurate information."

The locked out content is not accessible in the Xbox 360 version; however, the PC version will carry an additional content descriptor for Nudity until it can be re-mastered and released with the topless skin removed. It was, of course, a third-party modification that eventually led to the whole "Hot Coffee" scandal in GTA: San Andreas because it unlocked a mini sex game. Unlike this "skin" mod, though, the "Hot Coffee" mod didn't alter the game; it merely unlocked hidden content.

The ESRB further warned, "It is increasingly important for parents to realize that PC games can be altered through the use of downloadable programs created by other players called 'mods' (short for modification), which are broadly available on the Internet and can change the content of a game. Since players create them, it is impossible for ESRB or any rating service to consider them in assigning a rating. However, some mods can alter a game in ways that may not be appropriate for younger players and may be inconsistent with the ESRB rating, so parents should be aware of their existence and, as always, do their best to monitor their child's gameplay."

[Update] Following the news of the rating change, the Interactive Entertainment Merchants Association issued the following statement:

"The pace at which the IEMA retailers reacted to the change in the ESRB rating for The Elder Scrolls IV: Oblivion today stands as testament to the effectiveness and commitment to the industry's self-regulatory efforts. As evidenced by the most recent FTC study, the nation's leading retailers now require identification for the purchase of Mature-rated games at approximately the same rate as the movie theatres do for R-rated film admission. When we were notified of the game's ratings change today, we alerted our member company representatives who communicated to their stores the change in the game's rating. The effective change in sales policy was immediate. In fact, several major retailers changed the cash register prompt tied to the bar code of the game (a technology which prompts cashiers to ask for ID). Of note in this matter is the speed at which retailers reacted and parents were empowered -- ultimately that is what makes any ratings system effective in the end." - Hal Halpin, pres., IEMA.

[Update #2] Developer Bethesda Softworks, in response to today's rating change for Oblivion, said that it stands behind its Teen rating but that it will fully comply with the ESRB. Although rumors circulated today regarding a possible recall for the game, Bethesda said no recall will be taking place.

"Bethesda, not its co-publisher, developed the game, handled the ratings application before the ESRB, and stands behind it... Bethesda will promptly implement the ratings change that the ESRB has ordered for Oblivion. We will not contest the ESRB's decision to re-rate the game as Mature, nor will we change the game's content to keep a Teen rating. We believe that this critically acclaimed game is not typical of Mature rated titles, and does not present the central themes of violence that are common to those products," the company said in a statement.

"Bethesda will work with its co-publisher to place new 'M' rating stickers on Oblivion packaging now at retail and in warehouses, and will reflect the change in rating on newly manufactured product."

The official statement continues as follows:

"In light of the public comments that are being made about this matter, and to respond to questions we are being asked, we are releasing this statement to be on record about the circumstances giving rise to Oblivion's change in rating.

"Bethesda Softworks made what it believes was a full, accurate, and comprehensive submission on Oblivion to the ESRB months before the game's release. Bethesda used the ESRB's application forms and believes it adhered closely to their requirements. Nothing was hidden from the ratings agency. No effort was made by Bethesda to lobby or influence the agency for any particular rating.

"The ESRB has concluded that the game deserves a rating of Mature because: 1) partial nudity in the PC version of the game can be created by modders; and 2) the game contains excessive blood and gore that go beyond a Teen rating. The facts are as follows:

"There is no nudity in Oblivion without a third party modification. In the PC version of the game only - this doesn't apply to the Xbox 360 version - some modders have used a third party tool to hack into and modify an art archive file to make it possible to create a mesh for a partially nude (topless) female that they add into the game. Bethesda didn't create a game with nudity and does not intend that nudity appear in Oblivion. There is no nude female character in a section of the game that can be 'unlocked.' Bethesda can not control tampering with Oblivion by third parties. Bethesda is taking steps to ensure that modders can not continue to hack into Oblivion's art archives to create partially nude figures.

"With regard to violence, Bethesda advised the ESRB during the ratings process that violence and blood effects were 'frequent' in the game - checking the box on the form that is the maximum warning. We further advised that the game contained occasional torture, vulgar acts, and gore. We gave accurate answers and descriptions about the type and frequency of violence that appears in the game. We submitted a 60-page document listing the explicit language, acts, and scenes in the game. Oblivion packaging already contains warnings for 'Violence' and 'Blood and Gore.'

"We value the role of the ESRB and believe the rating agency plays a valuable role in regulating our industry. As always, we will continue work in good faith to comply fully with the ESRB's standards and policies.

"We remain enormously proud of Oblivion and the standard of excellence in game development it represents. Oblivion is one of the highest rated games of all time and one of the most popular games available on the Xbox 360 and the PC. We greatly appreciate the understanding and support of our fans."