Hawaii to crack down on 'predatory' loot boxes in video games following Star Wars Battlefront 2 controversy

Star Wars loot box

A US legislator has described video game Star Wars Battlefront 2 as a 'Star Wars-themed online casino' and has said he will seek legislative action that will prohibit sales of games to underage players that feature 'loot box' mechanics.

In a statement uploaded to YouTube, Hawaii state representative Chris Lee condemns what he describes as "predatory practices" in video games, with specific example made of Electronic Arts (EA) Star Wars Battlefront 2. The aim is to "ensure future protections for kids, youth, and everyone" from "the significant financial consequences it can have on families," according to Lee.

Lee describes Star Wars Battlefront 2 as a "Star Wars-themed online casino designed to lure kids into spending money," following controversy over the last couple of months where players have been accusing EA of bad practices in the design of their game. Players can receive loot boxes that contain random rewards: they can earn these through playing the game or by purchasing loot boxes with real money. 

The loot boxes were initially changed following a public beta test, as players believed that buying loot boxes with real money gave a player an advantage over others. This wasn't deemed to be enough, as certain hero characters (like Darth Vader and Luke Skywalker) were still very expensive, and so EA changed things so that those heroes were less expensive

Eventually, EA made the call to turn off in-game purchases for these loot boxes. They will return once EA have made some changes to how they work, but for now, players can only receive loot boxes through play, and not through real-money purchases. 

In his statement as state representative, Lee said that the fact that children are not "psychologically and emotionally mature enough" to gamble means there must be protections put in place. Officials in Hawaii have also been talking with "several other states" who are also looking gambling in video games as they want to address the issue before it becomes "the new norm." He states that Hawaii legislators are looking to put laws in place "this coming year."

Hawaii state representative Sean Quinlan brought up the example of Joe Camel in relation to Star War Battlefront 2. Joe Camel (or Old Joe) was a mascot for Camel cigarettes between 1987 and 1997, advertising the cigarettes as a suave caricature camel in a suit. It was argued in 1991 that Joe Camel was marketing cigarettes at children, and following pressure over the next 6 years, and after a settlement out of court, Camel cigarettes stopped using the character of Joe Camel. It has since become an example of how advertising and marketing adult products with a mascot can directly or indirectly influence children. 

Quinlan flatly stated that "we didn't allow Joe Camel to encourage your kids to smoke cigarettes, and we shouldn't allow Star Wars to encourage your kids to gamble." Five people gave statements, including Quinlan and Lee, all bringing up the importance of the issue. 

Legislation will likely take time to pass through channels, but will likely affect the video games industry as a whole, as other major games like FIFA 18, Overwatch, League of Legends, and more include loot box or loot box-like elements. 

EA directed a request for comment to the Entertainment Software Association (ESA), who responded with the following.

Loot boxes are a voluntary feature in certain video games that provide players with another way to obtain virtual items that can be used to enhance their in-game experiences. They are not gambling. Depending on the game design, some loot boxes are earned and others can be purchased. In some games, they have elements that help a player progress through the video game. In others, they are optional features and are not required to progress or succeed in the game. In both cases, the gamer makes the decision.

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