Activities of Beata MAZUREK related to 2022/2014(INI)
Plenary speeches (1)
Consumer protection in online video games: a European Single Market approach (debate)
Amendments (40)
Amendment 3 #
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
— Having regard to the Commission Fitness Check of EU consumer law on digital fairness, which opened with a Call for Evidence launched on 17 May 2022
Amendment 34 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Amendment 35 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas online gaming functionalities rely on connectivity in order to provide a stable and high-quality experience; whereas respondents in countries such as Sweden, Poland and the Netherlands exceed 90% satisfaction with upload and download speeds of their internet connection, whereas for countries such as Germany, Romania and France more than 20% of respondents were unhappy with the speed of their service, while in Greece dissatisfaction exceeds 35%; whereas in rural areas dissatisfaction with internet service is 30% higher than in urban areas 1a _________________ 1a https://europa.eu/eurobarometer/surveys/ detail/2232
Amendment 44 #
Motion for a resolution
Recital E
Recital E
E. whereas spending excessive amounts of time playing online video games can create addictions and lead to ‘gaming disorder’, and can also lead to consumer-protection related issues, in particular with regard to minorthe WHO have identified ‘gaming disorder’ as a possible health condition, characterised by impaired control over gaming, increasing priority given to gaming over other activities to the extent that gaming takes precedence over other interests and daily activities, and continuation or escalation of gaming despite the occurrence of negative consequences. whereas to qualify, the behaviour should be of sufficient severity to result in significant impairment in personal, family, social, educational, occupational or other important areas of functioning and would normally have been evident for at least 12 months; whereas the WHO cites studies that suggest that gaming disorder affects only a small proportion of people who engage in digital- or video-gaming activities;
Amendment 51 #
Motion for a resolution
Recital F
Recital F
F. whereas a study of 600 children in the UK found that 36.40% of children have paid to open a loot box in an online game, 15% of those purchasing loot boxes, or around 5% of children, have used their parents’ money without permission to fund their loot box purchases, and 94% haveof children borrowed money they could not afford to pay back to spend on loot boxes3 ; _________________ 3 https://www.rsph.org.uk/about- us/news/over-1-in-10-young-gamers-get- into-debt-because-of-loot-boxes.html
Amendment 53 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas a study of 4,000 children from the United States found a wide range of purchasing habits amongst children surveyed on their relationship with video games; whereas amongst 13-14 year olds 48.5% reported that they played video games but did not purchase any loot boxes, 10.3% purchased 1-5 loot boxes, 4.0% purchased 6-10 loot boxes, 3.2% purchased 11-20 loot boxes, and 7.4% purchased more than 20 loot boxes in the past year; whereas amongst 16-17 year olds 43.0% reported that they played video games but did not purchase any loot boxes, 7.1% purchased 1-5 loot boxes, 2.8% purchased 6-10 loot boxes, 1.8% purchased 11-20 loot boxes, and 5.3% purchased more than 20 loot boxes in the past year;
Amendment 57 #
Motion for a resolution
Recital G
Recital G
G. whereas 70%4 of parents use some form of parental control tool; whereas the majority of parents are concerned about the amount of time their children spends playing video games and the risks of exposure to harmful content, bullying, contact with adult strangers and in-game purchasesa study of parental attitudes towards media use by their children found that 97%4 of parents use some form of parental control in relation to their child's access to online content, including video games; whereas the study also found that almost six in ten were aware of parental controls built into the device by the manufacturer and 32% said they used them; whereas the majority of respondents also reported to have spoken to their children about staying safe online (79%), with almost half doing so at least once a month (44%); _________________ 4 https://www.ofcom.org.uk/__data/assets/pd f_file/0024/196413/concerns-and- experiences-online-harms-2020-chart- pack5/217825/children-and-parents- media-use-and-attitudes-report-2020- 21.pdf
Amendment 59 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas a study found that 75% of parents have an agreement with their child about in-game spending in relation to video games1a; _________________ 1a https://www.isfe.eu/wp- content/uploads/2021/12/GameTrack-In- Game-Spending-2020.pdf.pdf
Amendment 60 #
Motion for a resolution
Recital H
Recital H
H. whereas 697% of parents in Europe are aware of the PEGI system and 69, 78% of them find the PEGI label useful in deciding whether or not to buy a game for their children5 ; _________________ 5 https://www.isfe.eu/wp- content/uploads/2021/10/2021-ISFE- EGDF-Key-Facts-European-video- games-sector-FINAL.pdfand 71% consider it to be trustworthy; whereas 73% of gamers in Europe are aware of the PEGI system, with 74% finding the label useful and 69% consider it to be trustworthy; whereas 87% of both parents and gamers find PEGI labels to be clear;
Amendment 62 #
I. whereas the time spent playing video games has increasednot fundamentally changed in recent years, with Europeans spending on average 9.5 hours a week playing video games in 2020, compared to 8.6 hours in 2019; 8.8 hours in 2018 and 9.2 hours in 20176 , even accounting for the COVID-19 pandemic; _________________ 6 https://www.isfe.eu/wp- content/uploads/2021/10/2021-ISFE- EGDF-Key-Facts-European-video-games- sector-FINAL.pdf.
Amendment 79 #
Motion for a resolution
Subheading -1 (new)
Subheading -1 (new)
Amendment 80 #
Motion for a resolution
Subheading 1
Subheading 1
1a. Bolstering consumer protection in online video games
Amendment 81 #
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Underlines the value of video games for both online and offline play as popular entertainment enjoyed by significant numbers of Europeans, across all ages and Member States, and as a cultural expression of its creators, individual players and wider gaming communities;
Amendment 82 #
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Emphasises that video games are a highly innovative digital sector in the European Union and the sector is responsible for 90,000 direct jobs in Europe; underlines that video games straddle both digital and cultural sectors, as video games also represent a crucial part of the cultural and creative ecosystem with it making up over 50% of the added- value of the overall EU market for audio- visual content;
Amendment 83 #
Motion for a resolution
Paragraph -1 b (new)
Paragraph -1 b (new)
-1b. Recalls the importance of SMEs in the European video games value chain and the global prominence many European companies developing for console, PC and mobile gaming markets enjoy; expresses disappointment that such international success and cultural appeal is often overlooked when considering European leadership in digital technologies and services;
Amendment 84 #
Motion for a resolution
Paragraph -1 c (new)
Paragraph -1 c (new)
-1c. Welcomes the launch of the pilot project proposed by the European Parliament entitled "Understanding the Value of a European Games Society", which aims to gather comprehensive data to support policy making affecting the sector; notes that some of the problems faced by the sector include talent development and retention, the impact of regulation in a global marketplace, access to finance and the social and cultural impacts of video games; further notes that such work shall be completed in 2023;
Amendment 85 #
Motion for a resolution
Paragraph -1 d (new)
Paragraph -1 d (new)
-1d. 1aa (new). Recalls that consumers of video games enjoy protections already under European consumer law, including under the existing Unfair Commercial Practices Directive; Welcomes the Commission's Guidance on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market, which offers direction on the application of EU consumer law on in-game promotions and advertising, including to children, in- game purchases and the presence of paid random content;
Amendment 90 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the measures taken to better protect consumers; notes, however, the need for a single, coordinated approach between Member Statesgreater consistency between Member States in their enforcement of existing consumer law in order to avoid fragmentation of the single market and to protect European consumers;
Amendment 101 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the development and implementation of parental-control tools that help to filter content and video games by age, monitor time spent playing games, disable or limit online spending and restrict communications with others or the viewing of content created by other players; notes, however, that parents may find it difficult to use such tools, which reduces their effectiveness; calls for mechanisms to be put in place to exercise stricter parental control over the amount of time and money children spend on games, among other thingsrecalls that platform-level parental controls are not the only method used by parents to monitor and manage access to content by their children; notes, however, that parents may find it difficult to use such tools and encourages platforms to simplify steps needed to use those tools where parents wish to do so;
Amendment 107 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that some video games offer their users the possibility to pay, sometimes even with real money, in order to obtain rewards through loot boxes; there are a variety of business models adopted in the video games sector; notes some video games operate on a free-to-play basis or with in- game purchases, including the option to obtain rewards through loot boxes; notes that games with an unfair pay-to-win model or which lock popular content behind paywalls have attracted negative reactions from gaming communities, leading to negative reviews and even changes to games prior or soon after their release;
Amendment 119 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Acknowledges that it has not yet been clearly establishedthe decision on whether loot boxes may be considered gambling in Europe; notes, however, that several rests with national authorities, in line with the competences of the Member States; notes that one Member States have considers classified loot boxes to beas gambling aund have adopted regulatory measures to ban them; er their national legislation; recalls on the Commission to analyse and determine whether or not loot boxes can be considered to be a gambling activity and, if so, to take the necessary steps to bring about a common European approachconclusions of the European Parliament study which recommended to consider paid random content as a consumer protection issue and the parallel activities of the European Commission in connection with the Unfair Commercial Practices Directive Guidance and other initiatives particularly aimed at the protection of children on the internet in general;
Amendment 127 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that certain game designs used for in-game purchasing systems can be particularly harmful when targeted at minors; calls for such advertising to be banned when targeted at minorschildren; welcomes therefore the Guidance of the European Commission which underlines that existing law already can be used to tackle misleading practices, including in relation to in-game promotion and in-game purchases, the requirement to display prices in real- world currencies and advertising directed at children;
Amendment 144 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that consumers should have allenjoy rights concerning pre-contractual information, and should therefore be able to access the necessary information about an online video game before startprior to their initial purchase and ing to play it, as well as during the game, in terms of the multiple options for possible purchases while playing and ohe course of any in- game purchases while they play the game; welcomes the additional information provided under the PEGI system which provides content descriptors and age advisory notices to improve ther information that may be considered to be of interestavailable to consumers at their time of purchase;
Amendment 158 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out that once an item has been obtained in a video game, it cannot typically be exchanged for actual money; stresses that, above and beyond consumer protection issues, these services have led to money laundering; within normal gameplay; regrets that third-party stores seek to trade in in-game items, which is contrary to terms and conditions applied by video game publishers; recalls on the Commission to put an end to this practice; considers that the Digital Services Act may help mitigate this problem, in particulfinding of the European Parliament study into loot boxes that regulators and the industry have been largely successful in tackling the issue of "skin gambling", while for other forms of illegal exchange, which run contrary through the implementao the terms and conditions of the ‘know your business customer’ obligationpublishers, legal actions are taken against third-party platforms who break those terms;
Amendment 166 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to make a legislative proposal on online video gaming to establish a European regulatory framework with the aim of harmonising rules between Member States and better protecting players, in particular minorcontinue to monitor enforcement of existing consumer rules and to work together with national consumer protection authorities and collectively in the CPC format to better protecting players, in particular children, from unfair commercial practices and other infringements of their consumer rights;
Amendment 175 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Emphasises the importance of mental health, particularly that of minorschildren; stresses that the COVID-19 pandemic exacerbated the situation, causing fear, isolation and a feeling of insecurity; recalls for action to be taken by game developers to avoid problems the positive role that online connectivity played in ensuring that Europeans could still communicate, interact and create together, including via online video games; reminds that gaming can provide also safe and interactive avenues for individuals who experience social disconnection or isolation in real-life environments; notes more generally the opportunities and new perspectives offered by access to crelated to addictionive expression and cultural content, in particular for younger people;
Amendment 182 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses that adequate online connectivity is essential for equal access to cultural products and entertainment services across the single market; notes that citizens in many Member States report dissatisfaction with their connectivity and that a disparity remains between rural and urban populations in the connectivity that is available to them; calls on the European Commission to continue to act to improve Europe's digital infrastructure, which supports not only the creative industries developing high-quality content, but the access of European citizens to those culturally significant titles;
Amendment 187 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. StressesBelieves there is a risk that playing online video games excessively can have a negative impact on social relations, such as school drop-out, physical and mental health problems, and poor academic performance, twhile research also shows that video ngame but a few issues; calls for the strengthening of supervisory mechanisms for children and adolescents may have a positive impact, thus emphasising the need to strike a healthy balance, as with all types of consumption; underlines the need for national authorities to support parents implement their own rules or to use parental control tools in order to agree and manage, with their child, their child's consumption of digital content, including video games;
Amendment 198 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. StressNotes that video game addiction, also known as ‘gaming disorder’, is a problem for somea small proportion players; notes that the World Health Organisation has classified ‘gaming disorder’ as a form of addiction;
Amendment 207 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that scientific research has shown that puberty and adolescence are periods in life when people are most at risk of addictive behaviour; calls for further collaborative work among video games developers and vendors to issue guidance and tools, as well as to work with stakeholders and agencies, publishers, platforms and the wider stakeholder community, including national authorities and the European Commission, to help mitigate the risk of ‘gaming disorders’;
Amendment 209 #
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 219 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that video games can be a useful tool during learning processes and that certainmany games are specifically designed for children's educational purposes; points out that video games are also used to develop critical thinking and stimulate creativity, to provoke debate about societal issues or to deepen understanding of historical or cultural events, among others; recalls that video games feature on national educational curricula; points out that video games are also used to develop critical thinking and stimulate creativity; stresses too that video games have continuing applications later in life, where they may offer mental stimulation and opportunities for connectivity for older persons;
Amendment 223 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes industry-led initiatives such as Pan European Game Information (PEGI); considers that such a rating system can be particularly beneficiaperforms well in providing information on the recommended minimum age and protecting minors from inappropriate game cage for playing a game, helping parents to select appropriate game content for their children; underlines that the rating system forms one part of the overall PEGI Code of Conduct, which collectively aims at ensuring a safe environtment for gamers; welcomes the functionupdated approach by PEGI which now informs consumers if a game includes paid random pay-to-play features; notes that some countries have made the PEGI system law and calls on the Commission to explore the possibilities for entrenching it in EU lawcontent; underlines that the presence of in-game paid content, including paid random content, does not preclude parents from managing access to that type of content, while permitting a child to access the base game that they judge to be age-appropriate; notes that some countries have made the PEGI system legally enforceable in relation to the purchase of games, while others recommend its use recognising its position as the industry standard in this area;
Amendment 230 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Encourages industry, independent expert partners, rating agencies and consumer associations to continue awareness-raising campaigns on the PEGI system and to remain responsive to adapt the rating system in response to developments in video games and their in- game content, to continue to facilitate parental choice;
Amendment 237 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to assess how PEGI systems are being implemented in the different types of games available on the market and across the Union and to propose concrete actions to ensure they are being used effectivelyEncourages wider adoption of the PEGI system by those industry players who do not currently use it, in particular where information provided on their platforms to parents is less detailed than is offered under the PEGI system;
Amendment 239 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Underlines that the PEGI system offers a recommendation to consumers, in particular parents, prior to purchase of the video game and does not establish a legal minimum age for access to that cultural good, even in countries where the PEGI system is incorporated into domestic law; cautions strongly against any such system of age verification related to access to content, in particular due to concerns relating to user privacy and discriminatory treatment compared to other forms of entertainment which may also have an age recommendation;
Amendment 242 #
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 248 #
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 251 #
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 254 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Draws attention to the fact that, in addition to illegal content, harmful content can also be disseminated in video games through in-game communication features; stresses that the video games industry must adopt appropriate measures and tools to protect all users from harmful content, in line with applicablerecalls that evidence suggests this is a less frequent occurrence than on other types of platforms but nevertheless notes that platforms should adopt appropriate measures in order to comply with relevant national and EU legislation which addresses this risk;