Activities of Kim VAN SPARRENTAK related to 2022/2014(INI)
Plenary speeches (1)
Consumer protection in online video games: a European Single Market approach (debate)
Shadow reports (1)
REPORT on consumer protection in online video games: a European single market approach
Amendments (42)
Amendment 7 #
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
— having regard to European Commission’s Guidance 2021/C 525/01 on the interpretation and application of Directive2011/83/EU of the European Parliament and of the Council on consumer rights
Amendment 13 #
Motion for a resolution
Recital A
Recital A
A. whereas video games are played by all age groups in Europe, in particular minorschildren, 68-79% of whom play them; considering 44% of 9-16year olds play on a daily basis; 1a _________________ 1a EU Kids Online, 2020. https://www.eukidsonline.ch/files/Eu- kids-online-2020-international-report.pdf
Amendment 29 #
Motion for a resolution
Recital B
Recital B
B. whereas the video games industry employed 86 953 people in 2019, of whom around 20% were women; whereas children are increasingly commercially exploited as online game content creators;
Amendment 36 #
D. whereas online video games can be played online on many different devices and can be enjoyed using a number of functionalities and tools, such as multiplayer, real-time voice chat systems, online shopping, augmented reality, virtual reality, downloadable content, season passes and loot boxes tohat can enhance the gaming experience for players;
Amendment 41 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the gaming industry has evolved over the past decades from an arcade and boxed revenue model to a now widely employed games-as-a-service, pay- to-win or freemium business model;
Amendment 43 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas these business models are based on monetising users through data collection and exposure to advertisements, creating an important incentive to encourage users, including children, to spend as much time as possible on the games;
Amendment 47 #
Motion for a resolution
Recital E
Recital E
E. whereas spending excessive amounts of time playing online video games, exacerbated by manipulative design, can create addictions and lead to ‘gaming disorder’, and can also lead to consumer-protection related issues, in particular with regard to minorschildren;
Amendment 54 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas gamers make in-game purchases in order to, for example, receive cosmetic items or content to give them advantage, to avoid aggressive advertising, to speed up the game or avoid excessive waiting times or ‘grinding’;
Amendment 63 #
Motion for a resolution
Recital I
Recital I
I. whereas industry figures indicate that the time spent playing video games has increased, 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 ; _________________ 6 https://www.isfe.eu/wp- content/uploads/2021/10/2021-ISFE- EGDF-Key-Facts-European-video-games- sector-FINAL.pdf.
Amendment 65 #
Motion for a resolution
Recital J
Recital J
J. whereas health is a state of complete physical, mental and social well- being and not merely the absence of disease or infirmity and mental health and well- being are interrelated issues that need to be taken into account in all areas such as education, health, employment and social inclusion;
Amendment 69 #
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas 37% of girl gamers experience harassment as a result of their gender in online multiplayer games
Amendment 88 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the measures taken to better protect consumers; n1. Acknowledges that the EU Consumer law acquis provides for strong consumer protection, fully applicable in video games. Notes, however, the need for a single, coordinated approach between Member States and consumer protection authorities in order to avoid fragmentation of the single market and to protect European consumers in Europe;
Amendment 96 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the fact that, from January 2022, the Directive on the supply of digital content and digital services will apply to video games, including free-to- play games, and thus provide additional protection for consumers; regrets, however, that some Member States have not yet transposed the directive and urges Member States to implement it without delay and to ensure greater consumer protection across the Union; calls on the Commission to closely monitor the transposition process of the directive, to maintain a close dialogue with late member states and to consider launching infringement procedures, where necessary.
Amendment 99 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Welcomes the announcement by the Commission in March 2022 of a ‘Fitness Check’ on existing consumer protection legislation in the EU, to ensure equal fairness online and offline;
Amendment 103 #
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 usenot be aware of or have difficulty implementing 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 things;increased awareness-raising and information on how to use parental control tools, whilst respecting the rights and development of children
Amendment 109 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that sommost online video games offer their users the possibility to pay, sometimes even with real moneyin-game purchases using in-game currencies that can be either purchased with real money or earned in the game, in order to obtain rewarditems through loot boxes; or shopping;
Amendment 121 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Acknowledges that it has not yet been clearly established whether loot boxes may be considered gambling in Europe; notes, however, several reports and studies have shown the harmful effects and exploitative practices of loot boxes, especially forchildren1b notes, ,that several Member States have considered loot boxes to be gambling and have adopted regulatory measures to ban them; calls on the Commission to analyse and determthe way ine 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 approach; ich loot boxes are sold, to establish whether an EU-wide ban should be proposed, also to avoid fragmentation of the Single Market; _________________ 1b Insert Coin Report, Norwegian Consumer Council, 2022. https://fil.forbrukerradet.no/wp- content/uploads/2022/05/2022-05-31- insert-coin-publish.pdf
Amendment 125 #
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 minorsare manipulative and exploitative by design, using aggressive commercial practices that significantly impair the consumer’s freedom of choice and motivating them to make financial decisions that they would not have taken otherwise; notes that such practices are clearly prohibited under Directive (EU) 2019/2161, calls on the Commission and CPC-Net to ensure consumer law is fully respected and enforced;
Amendment 133 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that lack of correlation between the value of in-game currency such as coins, gems or silver to actual money appears to be designed to be misleading to consumers; recalls that such practices are clearly prohibited under Directive (EU) 2019/2161, takes note of the recent dialogue with TikTok increase transparency somewhat in this regard;1c _________________ 1c https://ec.europa.eu/commission/presscor ner/detail/en/ip_22_3823
Amendment 138 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that developers of online games that are likely to be accessible to children must take their rights and vulnerabilities into account; stresses that they must meet the highest possible standards by design and by default when it comes to safety, security and privacy;
Amendment 147 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that consumers should have all the necessary information about an online video game before starting to play it, as well as during the game, in terms of the multiple options for possible purchases while playing, total estimated or average financial or other investment needed to complete the game, and other information that may be considered to be of interest;
Amendment 152 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for transparency on the algorithms deployed in games, in particular in loot boxes, so that it can be established whether these algorithms are programmed to influence consumer behaviour, stresses that consumers should have a choice to disable these algorithms;
Amendment 162 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out that once an item has been obtained in a video game, it can sometimes be exchanged for actual money; stresses that, above and beyond consumer protection issues, these services have led to money laundering; calls on the Commission to put an end to this practice; considers that the Digital Services Act may help mitigate this problem, in particular through the implementation of the ‘know your business customer’ obligations;
Amendment 169 #
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 minorschildren;
Amendment 176 #
11. Emphasises the importance of mental health, particularly that of minors; stresses that the COVID-19 pandemic exacerbated the situation, causing fear, isolation and a feeling of insecurity; calls for action to be taken by game developers to avoid problems related tonotes that excessive online video gaming can have a negative impact on social relations, work or school drop-out, physical and mental health problems and indebtedness, calls on game developers to avoid manipulative game design which can lead to gaming addiction;
Amendment 186 #
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 197 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. StressNotes that video game addiction, also known asthe World Health Organisation has classified ‘gaming disorder’, i as a problem for some players; notes that thform of addiction; and globally it is estimated that3-4% of gamers suffer from it, 8,5% for children1d; notes that adolescents are Wmorld Health Organisation has classified ‘gaming disorder’ as a form of addiction; e at risk of developing addiction; _________________ 1d Global prevalence of gaming disorder: A systematic review and meta-analysis. https://journals.sagepub.com/doi/pdf/10.1 177/0004867420962851
Amendment 199 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses that loot boxes can be particularly harmful for children, by means of introducing them to mechanisms that can be linked to gambling; notes that after criticism, several game developers have removed loot boxes from their games;
Amendment 200 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Notes that the gaming industry processes behavioural data to infer sensitive and non-sensitive personal data concerning a user's biometrics-based data, age and gender, emotions, skills, interests, consumption habits, and personality traits, from millions of players which maybe used to create extensive user profiles that can be used for manipulative and discriminatory purposes, calls on competent authorities to ensure that relevant EU and national law is rigorously enforced;
Amendment 201 #
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Notes a lack of EU-wide disaggregated data on average time spent in games, average in-game spending, general gaming experience and consequent socio-psychological effects, calls on the Commission to collect this data on a yearly basis;
Amendment 202 #
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Welcomes the innovative EU Kids Online research project, which gathers high-quality data from across Europe on children’s perspectives of their online experience; calls for more frequent updates of this world-leading initiative; calls on the European Commission to fund this and similar initiatives in the future;
Amendment 204 #
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 210 #
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 218 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Urges the industry, the European Commission and Member States develop an action plan to ensure gender balance in all facets of the online games industry;
Amendment 221 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that video games can be a useful tool during learning processes and that certain games are specifically designed for educational purposes; points out that video games are also used to develop critical thinking, skills and stimulate creativity;
Amendment 227 #
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 beneficial in providing information on the recommended minimum age and may protecting minors children from inappropriate game content; welcomes the function which informs consumers if a game includes 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 lawnotes however that these forms of industry-led initiatives are not sufficient to ensure the highest level of consumer protection and to resolve the consumer law issues created by in game purchases and lootbox mechanisms;
Amendment 229 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. calls on industry to avoid objectification of women and to avoid creating, repeating or exacerbating gender stereotypes; stresses that such far too common practices create a hostile environment for women and girls in online games;
Amendment 232 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Encourages industry, including games platforms, independent expert partners, and rating agencies and consumer associations to continue awareness-raising campaigns on the PEGI system and to adapt the ratings system to facilitate parental choice;
Amendment 235 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to assess how PEGI isystems are being implemented in the different types of games available on the EU market and across the Union and to propose concrete actions to ensure they are being used effectivelyit is being used consistently and effectively for all online games, by developers, platforms and app stores; and stresses that PEGI and age rating should be consistent with privacy policies, data practices and terms of service;
Amendment 240 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Recommends that providers of online video games that could be played by children should be required to conduct ex-ante child impact assessments, built on the 4Cs framework for classifying risk; recommends that such an impact assessment should be approved by an independent authority before placing video games on the EU Market;
Amendment 241 #
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Stresses that risk is not harm and the excessive avoidance of risk may itself be harmful to the development of children1e _________________ 1e Council of Europe CDMSI Committee, Best practices towards effective legal and procedural frameworks for self-regulatory and co-regulatory mechanisms of content moderation, 2021. https://rm.coe.int/content-moderation- en/1680a2cc18
Amendment 246 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to develop a unique identity verificationindustry to only permit gambling in online games through the use of payment systems that allows a player’s age to be verifiedre not accessible to children;