Project on

“Reloaded Realities: Analyzing the Challenges of Shooter Games and Crafting a Comprehensive Policy
Framework”

SPORTS LAW

CONTINUOUS EVALUATION COMPONENT SUBMISSION

Submitted by: Nishant Upadhyay

Roll No. 19BAL024

 Reloaded Realities: Analyzing the Challenges of Shooter
Games and Crafting a Comprehensive Policy Framework

Statement of Problem

The lack of a comprehensive policy framework regulating the gaming business in India has
resulted in numerous significant difficulties that have implications for the welfare of gamers,
society, and the industry as a whole. The aforementioned matters comprise apprehensions
regarding the presence of violent content, the conscientious regulation of time spent on screens,
inclusivity for those with color vision deficiency, conflicts pertaining to intellectual property,
obstacles encountered in game streaming, and the widespread issue of sexual harassment. This
article aims to examine and tackle the complex issues at hand, emphasizing the pressing
requirement for a meticulously designed policy resolution that fosters a gaming ecosystem that is
more inclusive, responsible, and prosperous, while simultaneously protecting the interests of all
parties involved.

Research Questions

1. How does the prevalence of violent content in shooter games impact the psychological
well-being of players, and what role can a policy framework play in mitigating these
effects?
2. What are the implications of excessive screen time in gaming, especially among younger
players, and how can a policy-based approach effectively promote responsible screen
time management?
3. In what ways does the lack of consideration for color blindness and accessibility in game
design hinder inclusivity, and how can a policy framework ensure a more accessible
gaming experience?
4. How do intellectual property issues and game streaming challenges affect creativity and
innovation in the gaming industry, and what role can a policy framework play in
resolving these issues?
 5. What are the various forms and consequences of sexual harassment in online gaming, and
how can technological methods within a policy framework be used to effectively reduce
instances of harassment and create a more respectful and inclusive gaming environment?
6. How can a comprehensive policy framework balance the interests of gamers, society, and
the government to foster the growth of the gaming industry while addressing these
pressing concerns?

Research Methodology

The research methodology for this study will primarily revolve around a comprehensive
literature review, content analysis, and the examination of well-documented case studies. The
literature review will involve a deep exploration of existing academic research, government
reports, industry publications, and relevant studies concerning the gaming industry's challenges
and potential policy solutions. Content analysis will be conducted on content from gaming
forums, social media platforms, and gaming communities to gain insights into the real-life
experiences and perspectives of gamers, particularly regarding issues like harassment and
toxicity. Additionally, the study will delve into famous case studies within the gaming industry,
shedding light on specific challenges and their implications. These methodologies will
collectively provide the necessary foundation to identify and propose effective policy solutions
for the issues at hand in the Indian gaming industry.

Introduction

Shooter video games, a popular subgenre of action video games, have players using a variety of
weaponry to defeat opponents. These games, which often feature weapons and long-range
weaponry, also include items like as grenades, armor, and telescopic sights, allowing for a
variety of fighting methods. Ammunition, armor, health packs, and weapon upgrades are
frequently encountered by gamers and are critical for survival and progression in the game. With
gameplay situations spanning from single-player campaigns to multiplayer engagements, the
primary goal is to destroy foes and progress through stages or missions. Shooter games have a
long history of popularity among gamers, dating back to the early days of video gaming and
expanding into a diversified and prominent genre. The shooter is another long-standing genre
that developed several early offshoots and branched out into two primary sub-genres: the first-
person shooter (FPS) and third-person shooter (TPS)

Historical aspect

Shooting games have long been an important part of the video game culture and business. As
stated at the outset of this essay, the first computer game, Spacewar!!!, was a shooting game. 1
With the advent of Taito's Space Invaders arcade video game in 1978, the genre garnered
significant popularity in popular culture. It laid the foundation for the shoot 'em up subgenre, in
which the player may move up, down, left, or right across the screen, often firing straight
forward, and became a cultural hit that led to a golden period of arcade video games that lasted
until roughly 1983.

By the mid-1980s, shooter games underwent a process of diversification. This diversification

was evident in the emergence of various subgenres within the shooter genre. For instance, first-
person light gun shooting gallery games like Nintendo's Duck Hunt (1984) gained popularity
during this period. Additionally, pseudo-3D third-person rail shooters such as Sega's Space
Harrier (1985) and After Burner (1987) became prominent. Furthermore, military-themed
scrolling run and gun video games like Cap During the latter part of the 1980s, the release of
Operation Wolf by Taito in 1987 significantly contributed to the rise in popularity of first-person
light-gun rail shooters with a military theme.

Doom (1993), developed by id Software, is widely acknowledged as the inaugural influential

first-person shooter (FPS) that garnered significant popularity. It represented a significant
advancement in the realm of three-dimensional worlds within the genre of shooter games as well
as the broader domain of action games. The aforementioned software's wireframe graphics
lacked the level of visual detail and texture quality that the game Doom introduced. During the
latter part of the 1990s, there was a noticeable surge in the popularity of first-person shooter
(FPS) games, accompanied by a drop in the popularity of rail shooters. This shift can be

1
Spacewar! History - Analogue. www.analogue.co/developer/spacewar.
attributed to the fact that FPS games are usually perceived as offering greater diversity,
complexity, and sophistication compared to rail shooters. The user did not provide any text to
rewrite. During the late 1990s, the House of the Dead horror game series emerged as one of the
final mainstream light-gun rail shooter games. Alongside Resident Evil, this series exerted a
notable influence on zombie media, especially the realm of zombie films during the 2000s.

Significance of shooter games

The genre of shooting games has played a significant role in the advancement of video game
technology, achieving various noteworthy milestones throughout its evolution.
The incorporation of vector graphics into arcade cabinets, particularly in the context of the game
Space Wars, marked a significant advancement in the field of graphics2. The first-person shooter
(FPS) game operates on the Disk Operating System (DOS) platform. The release of DOOM by id
Software in 1993 was a significant advancement in the realm of gaming realism. The DOOM
game engine made it possible to create a comprehensive virtual environment that followed
Newtonian physics3. This environment featured textured surfaces and varying altitudes, which
could be navigated through the use of moving platforms. The advancements in computer
hardware, such as the augmentation of RAM capacity and CPU speed, were important in
enabling this achievement. First-person shooter (FPS) games consistently challenge the
limitations of existing hardware and are regularly employed as benchmarks to assess the
capabilities of a given system. The game DOOM played a significant role in popularizing
multiplayer internet gaming.4 Competitive multiplayer gaming has traditionally been a prominent
aspect of video games. It has notably brought about a significant transformation in the evolution
of shooting games as well as video games as a whole. This transformation is characterized by the
replacement of relatively predictable artificial intelligence (AI) opponents with dynamic and
imaginative human players. Consequently, multiplayer mode has emerged as the prevailing
2
Küçükkarakurt, Fatih. “INTRODUCTION TO GAME GRAPHICS.” DEV Community, 27 Dec. 2021,
dev.to/fkkarakurt/introduction-to-game-graphics-3l89.
3
“Role of FPS Shooting Games.” Role of FPS Shooting Games, www.linkedin.com/pulse/role-fps-shooting-games-
ten-pixel-studio. Accessed 1 Oct. 2023.
4
Childers, Juliet. “Video Games That Pioneered Online Multiplayer Before It Was Popular.” Game Rant, 21 Dec.
2022, gamerant.com/earliest-video-games-online-multiplayer.
choice for first-person shooter (FPS) games. The proliferation of online multiplayer functionality
in video games, including strategy, racing, and sports genres, can be attributed to the significant
influence of first-person shooter (FPS) games, which have played a pivotal role in establishing
this feature as a standard expectation.

The conventional perspective has often regarded story as distinct from gameplay, often
considering it a secondary consideration or a byproduct5. However, there has been a resurgence
in the concept of story-driven titles in the first-person shooter (FPS) genre. The increased
potential for distributed storytelling and improved integration of storytelling and gaming can be
attributed, in part, to advancements in technology.

5
Hindawi, and Dan Pinchbeck. “Story and Recall in First-Person Shooters.” Story and Recall in First-Person
Shooters, 30 Apr. 2008, www.hindawi.com/journals/ijcgt/2008/783231.
Statistics
Shooter games have a substantial historical lineage predating the advent of smartphones, initially
manifesting as popular arcade amusements, subsequently transitioning to desktop gaming
platforms, and eventually evolving into console-based titles. A few franchises have exhibited
significant dominance and generated substantial amounts of income, such as Battlefield, Halo,
Counter-Strike, and Call of Duty.
In the year 2022, the cumulative sales of the Call of Duty series exceeded 425 million units,
resulting in a total revenue of over $30 billion6. In 2019, with the release of the initial installment
of the series, it garnered significant attention as one of the most substantial mobile game releases
to date, amassing a staggering 270 million downloads in its inaugural year7.
Given the enduring success of pre-existing shooter video games, it was an inevitable progression
for the genre to expand and flourish within the mobile gaming platform. These applications
possess a diverse range of configurations and functionalities, offering both solitary and
collaborative gameplay experiences. They offer the option to engage in either first-person or
third-person perspectives, with the majority incorporating a microtransaction component. In the
year 2022, the sub-sector of shooter games witnessed a decline in revenue, amounting to $4.6
billion, which represents a 27% fall compared to the preceding year.
The number of downloads for shooter game applications declined from 2.8 billion in 2020 to 1.8
billion in the previous year. It is projected that the revenue generated from these applications will
reach approximately $4.6 billion by 2022. Additionally, the total value of downloads for shooter
game apps amounted to $1.8 billion.
PUBG Mobile demonstrates a significant lead in terms of usage statistics, with an average
monthly user base of 120 million. Free Fire and Call of Duty: Mobile both maintain their
popularity, attracting 80 million and 53 million people, respectively. PUBG Mobile boasts the
largest average monthly user base, with a staggering 120 million individuals8.

6
Wylie, Louise. “Shooter Games Revenue and Usage Statistics (2023).” Business of Apps, 2 Aug. 2023,
www.businessofapps.com/data/shooter-games-market.
7
Call of Duty Celebrates Its 20th Anniversary. www.callofduty.com/blog/2023/10/call-of-duty-20th-anniversary-
celebration-franchise-recap-community
8
KPMG in India’s Media and Entertainment Report 2019.
assets.kpmg.com/content/dam/kpmg/in/pdf/2019/08/india-media-entertainment-report-2019.pdf.
Incidents related to Shooter games in India
Popular mobile phone games like PUBG have been prohibited in several educational institutions,
including the Vellore Institute of Technology, where the game has been banned on campus9.

In a notice distributed via email to all residents, the Chief of Wardens at VIT University
expressed awareness of a subset of students engaging in the activity of online gaming,
specifically the game 'PUBG,' which is seen to be in violation of established regulation
engagement in online gaming and gambling activities was strictly illegal within the confines of
VIT, as per official regulations. Therefore, individuals who fail to comply with the VIT Code of
Conduct will face severe consequences. Students are encouraged to prioritize their professional
development by focusing on physical games or sports.

The situation escalated significantly when the state of Gujarat became the first region in India to
enforce a ban on the widely popular mobile game PUBG within elementary educational
institutions10. The primary education department of the state has just issued a circular mandating
primary schools to enforce a prohibition on the popular online game, PUBG. The circular
mandates that district primary education officers undertake the requisite measures to enforce a
comprehensive prohibition of the game within primary educational institutions. The stated
rationale for the prohibition is attributed to the negative impact of the game on the cognitive
development of young individuals. In addition, shortly after the implementation of the ban, a
total of ten individuals were apprehended throughout the city for contravening the prohibition
and engaging in the use of mobile devices in public spaces.
In 2020, the Indian government implemented a prohibition on the popular video game PUBG,
citing Section 69A of the Information Technology Act. According to the Government of India,
the PUBG Mobile Application has been involved in acts that pose a threat to the sovereignty,

9
Lobo, Shalini. “Vellore Institute of Technology Bans PUBG on Campus, Wants Students to Play Kho Kho and
Kabaddi.” India Today, 14 Dec. 2018, www.indiatoday.in/technology/news/story/vellore-institute-of-technology-
bans-pubg-on-campus-wants-students-to-play-kho-kho-and-kabaddi-1408525-2018-12-13.
10
@TIMESNOW. “PUBG Ban: ‘PUBG Mobile Is a Game,’ Company Finally Responds to Ban in Select Regions in
Gujarat.” PUBG Ban News: PUBG Mobile Is a Game for Entertainment and Should Be Enjoyed in a Healthy and
Responsible Manner, the Company Responds to PUBG Ban in Gujarat | Tech News, 15 Mar. 2019,
www.timesnownews.com/technology-science/article/pubg-ban-response-from-the-company-pubg-mobile-is-a-
game-should-be-enjoyed-healthily-and-responsibly-pubg-ban-in-gujarat-india/383079.
integrity, defense, and security of the country. Garena Free Fire, a widely recognized battle
royale game, has been prohibited in India due to concerns over national security. Following
political tensions between India and China, the Indian government implemented a ban on the
app, along with 53 other Chinese applications, subsequent to the ban on PUBG.11

Lack of specialized policies

The gaming industry in India has experienced a significant increase in the popularity of shooter
games, garnering attention from individuals across various age groups. Nevertheless, the lack of
a comprehensive regulatory framework pertaining to these games has resulted in a multitude of
apprehensions. As someone engaged in scholarly inquiry and possessing a strong interest in
gaming, it becomes apparent that shooter games are not devoid of a range of problems. These
concerns encompass various aspects, including content-related issues such as depictions of
violence, graphic imagery, and instances of sexual harassment, as well as broader apprehensions
regarding fairness, accessibility, and responsible engagement with gaming activities.
Furthermore, the proliferation of in-game gambling, conflicts around intellectual property, and
challenges pertaining to the regulation of screen time have added further layers of complexity to
the gaming landscape. In the present setting, it is crucial to formulate an all-encompassing policy
framework pertaining to shooter games within the Indian context. The proposed framework
seeks to effectively tackle these urgent concerns by striking a delicate balance between the
interests of the gaming business and the overall well-being of its players. This article aims to
examine the aforementioned issues, exploring their importance, potential ramifications, and the
pressing necessity for a cohesive policy to govern and direct the dynamic realm of shooter games
in India.12

1. Violence:

11
Sengupta, Abhik, and Abhik Sengupta. “Garena Free Fire Banned in India: What Is It, Why Is It Banned,
Alternatives and All Details.” News18, 18 Feb. 2022, www.news18.com/news/tech/garena-free-fire-banned-in-
india-what-is-it-why-is-it-banned-alternatives-and-all-details-4771118.html.
12
Livemint. “Preparing Framework to Ban THESE Three Types of Games, Says Minister Rajeev Chandrasekhar.
Details Here | Mint.” Mint, 12 June 2023, www.livemint.com/news/india/govt-prepares-framwork-to-ban-online-
games-that-involves-betting-addiction-union-minister-rajeev-chandrasekhar-11686553899835.html.
The topic of violence is a significant issue that has garnered much attention in academic
discourse. The global community has expressed concerns regarding the predominance of violent
material in shooter games. The implementation of a regulation is crucial in order to effectively
address the issue at hand, as unregulated exposure to violence within these video games has the
potential to foster desensitization and promote aggressive conduct among players, particularly
among younger individuals. The implementation of a comprehensive policy can facilitate the
achievement of a harmonious equilibrium between the promotion of creative freedom and the
cultivation of responsible content creation.

2. Sexual Harassment:

Sexual harassment is a pervasive issue that involves unwelcome sexual advances, requests for
sexual favors, or other verbal or physical conduct of a sexual nature. Shooter games frequently
provide online multiplayer environments that facilitate player interaction. The lack of established
protocols might result in the development of a detrimental atmosphere characterized by
occurrences of sexual misconduct. It is imperative for a policy to be in place that guarantees the
ability of players to engage in these games without encountering or perpetuating such conduct.

3. In-App Purchases :

The practice of gambling with virtual cosmetic items, commonly referred to as "skins," The
ubiquity of in-game item gambling mechanisms, such as loot boxes and skins, gives rise to
concerns over addiction and the potential for exploitation. A comprehensive policy has the
capacity to govern these systems, thereby guaranteeing transparency and equity as well as
safeguarding susceptible players from the detrimental effects associated with gambling.

4. Color Blindness :

The matter of color blindness and its implications for accessibility in the context of gaming is
frequently disregarded. A policy framework has the capacity to establish inclusive design
guidelines, thereby guaranteeing equal participation in the gaming experience for all individuals,
regardless of their physical limitations.

5. Screen Time:
The topic of discussion is "Screen Time." The prolonged use of electronic screens, particularly
among young individuals, has the potential to result in many health complications. One such
strategy may encompass guidelines for the responsible management of screen time, with an
emphasis on fostering a harmonious equilibrium between gaming and other pursuits.

6. Intellectual Property:

The interplay of rights between streamers and game makers regarding intellectual property (IP)
is intricate. Game creators hold IP rights but grant licenses for personal gameplay streaming.
However, challenges arise when streaming for commercial purposes, using in-game music,
assets, and branding, or creating modifications. Streamers must respect the game's terms and
licensing, navigate fair use and transformative work principles, and engage in open
communication. Game makers should clarify their policies and collaborate with streamers,
striking a balance that respects and protects both sides' rights in an increasingly collaborative
gaming landscape.
 Need of Specialized Policy
In the context of India, where a complete regulation regarding shooter games is currently absent,
it becomes imperative to prioritize the resolution of these concerns. Doing so is essential for the
advancement and responsible development of the gaming industry, safeguarding the welfare of
players, and establishing a fair competitive environment that fosters innovation. The
implementation of such a regulation is expected to yield a gaming environment that is both safer
and more inclusive, so generating benefits not only for the players but also for the industry as a
whole.

The Indian video gaming industry is currently witnessing significant expansion, driven by the
increasing popularity of online gaming. This surge in demand has positioned India as one of the
leading gaming industries globally. In recent decades, the Indian gaming industry has witnessed
a remarkable transformation, evolving from a nearly non-existent sector in the 1990s to being
one of the leading markets on a global scale by the late 2010s. The increasing number of gamers
in India has garnered attention from international video game corporations. The increasing influx
of capital from multinational video game firms has led to the establishment of additional global
game studios in India, including Ubisoft and Microsoft Games13. The growth of local Indian
game studios is likewise progressing consistently. The number of game development studios in
India had a significant increase, rising from 15 in 2009 to 275 by 2022.

In the Indian context, coin-operated devices served as the main method of accessing games,
making video games traditionally exclusive to video game parlors. During the 1990s, there was
an introduction of 8-bit NES clones in India that operated using cartridges. During the period
spanning the mid-to-late-1990s, there was a significant surge in the sales of personal computers
and the Sony PlayStation, leading to the displacement of 8-bit consoles. In addition, players
gained the capability to acquire games such as The Sims through digital download on personal
computers, as opposed to the traditional method of purchasing physical cartridges. The personal
computer (PC) continues to maintain its position as a highly favored gaming platform in
contemporary times, as indicated by a survey revealing that 87% of participants expressed a
13
Wilson, Jason. “Ubisoft Announces New Studios in Mumbai and Odesa.” VentureBeat, 22 Mar. 2018,
venturebeat.com/games/ubisoft-announces-new-studios-in-mumbai-and-odesa.
preference for PC gaming over mobile gaming. The mobile gaming industry in India has
experienced significant growth due to the widespread availability of affordable smartphones, the
prevalence of high-speed 4G internet connectivity, and the ease of access to gaming platforms 14.
In the year 2019, India emerged as a prominent mobile gaming market, ranking in the top five
globally in terms of user base. According to available data, the online gaming industry in India
was valued at approximately ₹6,200 crore (equivalent to US$780 million) in the year 2019. It is
anticipated that there were around 300 million individuals engaged in gaming activities during
this period. According to projections, the Indian gaming market is anticipated to have a
substantial increase, with its value projected to rise from ₹8,900 crore (equivalent to US$1.1
billion) in 2021 to ₹22,300 crore (equivalent to US$2.8 billion) by the year 2023.15

Current Legislative framework

The Constitution of India, 1950, divides the legislative functions between the central government
and the state governments of India. According to the Seventh Schedule of the Constitution, each
state (province) in the country is bestowed with the unique authority to legislate on matters
pertaining to "betting and gambling" within its respective jurisdiction. The Public Gambling Act
of 1867, a legislation from the colonial era that remains in effect, has been implemented by many
states such as Uttar Pradesh, Madhya Pradesh, and Punjab & Haryana. Additionally, certain
states have introduced their own revisions to this act. Several other states have implemented
their own legislative measures to govern gaming and gambling activities within their
jurisdictions, in accordance with their respective Gaming Laws. The majority of these laws are
generally based on the Public Gambling Act; however, they have been appropriately adapted.
As previously stated, it is improbable for the majority of existing state Gaming Laws to be
activated in the absence of monetary or comparable incentives. There is currently no dedicated
regulatory body overseeing this particular kind of gaming. However, the activation of other
laws, such as intellectual property laws, information technology laws, consumer protection laws,
or laws against obscenity, etc., may be contingent upon the content of these games. The

14
“Why Is Mobile Gaming One of the Most Popular Industries in India?” Nagpur Today : Nagpur News, 25 Mar.
2021, www.nagpurtoday.in/why-is-mobile-gaming-one-of-the-most-popular-industries-in-india/03251502.
15
SAHIL ARORA. “India’s Video Gaming Revolution.” India’s Video Gaming Revolution, 3 Dec. 2016,
web.archive.org/web/20161203082106/http://www.sunday-guardian.com:80/artbeat/indias-video-gaming-
revolution.
aforementioned statutes encompass, among others, the Indian Penal Code (IPC), the Information
Technology Act of 2000 (IT Act), and the Indecent Representation of Women (Prohibition) Act
of 1986 (IRWA).
 Violence:
It is possible that a significant portion of the video game industry has not sufficiently addressed
the constructions and demographics that are of interest to the general public. Policy makers, the
general public, and scholarly organizations are interested in investigating the potential causal
relationship between exposure to video games, particularly during childhood, and the
development of aggression that is relevant to society, including violent crime. Additionally, there
is a desire to explore whether exposure to video games may be associated with the emergence of
other mental health issues. The primary focus of researchers has been directed towards
aggression as a consequence, while neglecting to examine both violent outcomes and other
mental health concerns
The matter concerning violent video games entails a nuanced equilibrium between two factions
harboring staunch perspectives and compelling arguments16. While several individuals, including
parents, politicians, and educators, have raised apprehensions regarding the potential link
between violent video games and aggressive conduct in children, an alternative viewpoint posits
that the responsibility for regulating children's exposure to such games lies primarily with
parents, rather than retailers or legislative bodies17. Furthermore, proponents within the gaming
industry have asserted that the development of video games, regardless of their violent content, is
a constitutionally safeguarded form of expression under creative freedom and even countries like
USA protect them under the 1st amendment. Additionally, it should be noted that neither of the
studies provide conclusive evidence supporting the notion that these games directly cause real-
world acts of violence. While it can be challenging to draw definitive conclusions about specific
subgroups within a population, such as children at risk of violence, it is noteworthy to observe
that there has been a decrease in the number of violent youthful offenders between 1994 and
2010, as violent video games have become more prevalent. This information is based on data
provided by the U.S. Department of Justice18. The observed tendency does not align with the
hypothesis that these games possess the ability to induce negative behavioral changes in well-
16
Ward, Michael R. “Video Games and Adolescent Fighting.” The Journal of Law & Economics, vol. 53, no. 3,
2010, pp. 611–28. JSTOR, https://doi.org/10.1086/605509.
17
Ferguson, Christopher J. “Do Angry Birds Make for Angry Children? A Meta-Analysis of Video Game Influences
on Children’s and Adolescents’ Aggression, Mental Health, Prosocial Behavior, and Academic Performance.”
Perspectives on Psychological Science, vol. 10, no. 5, 2015, pp. 646–66. JSTOR,
http://www.jstor.org/stable/44281927.
behaved individuals. In a study in 2011, an analysis of game sales data from 2004 to 2008
revealed a correlation between increased sales of violent video games and a decrease in crime
rates, particularly those related to acts of violence. The researchers reached the conclusion that
the potential adverse behavioral consequences associated with engaging in violent video games
are outweighed by the fact that individuals with aggressive tendencies are naturally inclined
towards these games. Moreover, the researchers observed that increased involvement in playing
violent video games leads to a reduction in the amount of time available for engaging in criminal
activities.

Policy Recommendation:

In the United States, the prevailing policy for content regulation has been the compulsory
utilization of Entertainment Software Rating Board (ESRB) ratings for video games, which can
be likened to the Motion Picture Association of America (MPAA) ratings for movies. Games are
categorized and classified based on their content to determine their suitability for different
audiences. These ratings include Early Childhood (EC), Everyone (E), Everyone 10 and older
(E10+), Teen (T) etc. 19
The implementation of a comparable rating system in India holds the potential to successfully
enable parents to make informed decisions on the appropriateness of video games for their
children, while simultaneously safeguarding the interests of game developers.

18
Toppo, Greg. “What Violent Video Games Really Affect Kids.” Scientific American Mind, vol. 26, no. 4, 2015,
pp. 40–45. JSTOR, https://www.jstor.org/stable/24946323. Accessed 24 Oct. 2023.
19
Ward, Michael R. “Video Games and Adolescent Fighting.” The Journal of Law & Economics, vol. 53, no. 3,
2010, pp. 611–28. JSTOR, https://doi.org/10.1086/605509. Accessed 24 Oct. 2023.
 Sexual Harassment

According to a recent statistical study, the increasing prevalence of online games has presented
an additional platform for instances of sexual harassment. The survey revealed that almost 20%
of female gamers had encountered sexual harassment from male or other players, manifesting in
the form of objectifying remarks or explicit threats of violence such as death or rape.20

The structure of numerous online games is designed in a manner that facilitates the interaction of
digital avatars in a manner that closely resembles real-world interactions. The advancement of
technology has expanded the scope of online gaming, enabling users to experience a sense of
immersion where tactile sensations can be perceived within the virtual realm, mirroring their
real-world counterparts. The inherent nature of this particular function possesses the potential to
subject online players, particularly female gamers, to instances of sexual harassment. The
utilization of incognito mode, along with the absence of particular regulations, provides a refuge
for individuals engaging in harassment, thereby disproportionately impacting vulnerable
populations such as women and the LGBTQ community. 21
The revised regulations of the Information Technology Act, 2000 represent a significant
advancement in fostering a secure online gaming environment for all digital citizens, while also
ensuring accountability within the online gaming industry. However, it is important to note that
the online gaming sector is still in its early stages, with current focus primarily on addressing
fundamental concerns. The Amended Rules recognize the need to regulate the information
published on gaming platforms, but they do not specifically address the issue of sexual
harassment that is already prevalent on these platforms.

Policy recommendation:

20
Bougacha, Sirine. “Gaming: Hidden Sexism and Harassment.” IVolunteer International, 20 May 2022,
www.ivint.org/gaming-hidden-sexism-and-harassment.
21
S.S. Rana & Co. “Sexual Harassment in Metaverse - S.S. Rana &Amp; Co.” S.S. Rana & Co., 25 Aug. 2023,
ssrana.in/articles/exploring-sexual-harassment-in metaverse/?
utm_source=mondaq&utm_medium=syndication&utm_content=inarticlelink&utm_campaign=article.
It is recommended that game creators enhance the functionality of reporting and moderating
features within their games to ensure greater effectiveness and efficiency. This include the
implementation of efficient reporting systems and user-centric interfaces to facilitate the
reporting of instances of harassment.
Utilizing automated content filtering mechanisms and machine learning algorithms to detect and
categorize language or conduct that may be offensive or harassing, thereby marking it for
attention or further action. These systems have the potential to alleviate the workload of human
moderators.

Design algorithms capable of identifying patterns of harassment and implementing automated

measures, such as muting or temporarily banning individuals, by analyzing their in-game
behaviors and linguistic expressions.
The organization should consistently release reports detailing the measures implemented in
response to instances of harassment, as well as the resulting outcomes of reported cases of
harassment. The implementation of transparency measures has the potential to foster trust within
the system.22

Game creators have the ability to collaborate with politicians in establishing legal frameworks
that effectively address the issue of persistent harassment. These frameworks can serve to hold
individuals who engage in such behavior accountable, thereby deterring such actions. It is worth
noting that the anonymity afforded by online platforms often facilitates the commission of these
crimes.

22
Maske, Ashay, and Sukanya Nema. “The Over Lap of Anti-sexual Harassment Law and Advancements in
Technology-virtual Reality: Metaverse.” SSRN Electronic Journal, Elsevier BV, 2023. Crossref,
doi:10.2139/ssrn.4521257.
In-App Purchases
In-game purchases, also referred to as "microtransactions," are a prevalent method employed by
video game companies to sustain the monetization of their games after the initial launch. These
purchases encompass a variety of virtual objects, subscriptions, skins, and extended gameplay
chances, all of which are acquired through the utilization of real money .Loot boxes, a form of
microtransaction, are acquired by players through purchase and provide randomized gifts within
the game. Certain rewards in this context exhibit a high level of desirability and scarcity, whilst
others possess a more commonplace and unremarkable nature.23

The implementation of this particular monetization scheme has resulted in the emergence of
addicted behavioral patterns among certain gamers, who have been observed to incur exorbitant
expenses. The phenomenon of anticipating unknown rewards has been found to be associated
with the production of dopamine, a neurotransmitter that plays a crucial role in driving repetitive
activities.
The Electronic Software Rating Board (ESRB), an entity tasked with assigning age ratings and
content descriptors to video games, has explicitly stated that it does not classify loot boxes as a
kind of gambling.24

Several European countries have already implemented regulations regarding loot boxes . The
Netherlands took the initiative in addressing the issue of loot boxes by asserting that video games
in which the contents of loot boxes were selected by chance and had the potential to be traded
outside of the game were in contravention of the Betting and Gaming Act of the Netherlands.
In the context of China, the inclusion of loot boxes within video games necessitates adherence to
specific criteria in order to obtain regulatory approval.

 The acquisition of loot boxes is not possible through the use of either actual cash or
virtual currency.

23
MacPhee, Michael J. "A New Form of Addiction: A Practical Regulatory Approach towards Randomized Reward
Systems in Video Games to Protect Consumers from Gambling-like Practices." Washburn Law Journal, vol. 59, no.
1, Winter 2020, pp. 137-170. HeinOnline
24
Shreir, Jason. “ESRB Says It Doesn’t See ‘Loot Boxes’ as Gambling.” Kotaku, 11 Oct. 2017, kotaku.com/esrb
says-it-doesnt-see-loot-boxes-as-gambling-1819363091.
  The acquisition of virtual things and other services provided in loot boxes should be
possible through alternative methods, such as direct purchase using actual dollars or
virtual currency.
 Game publishers are required to promptly and accurately disclose pertinent details,
including the names, functionalities, and quantities of virtual objects or other services
provided in loot boxes, along with the associated probabilities of winning.
 It is imperative that game publishers/operators publicly reveal the outcomes of loot boxes
and maintain records of these outcomes for a minimum duration of 90 days.25

Policy Recommendation
In light of the current circumstances, it is recommended that a comprehensive policy be
implemented to address the issue at hand. There is a need for an approach that effectively
addresses the public concern surrounding addictive behaviors while also mitigating the negative
impacts on the video game industry.
Bans are one of the most severe regulatory measures that can be enforced in response to loot
boxes, prompting developers to eliminate the option of purchasing loot boxes within their games
in the affected jurisdictions . As a consequence, developers are effectively disconnected from the
financial gains linked to their selected monetization mechanism for the game. This outcome is
counterintuitive and has the potential to discourage game development as a whole. In order to
effectively mitigate this issue, it is imperative that regulatory measures mandate the presentation
of warning messages either throughout the game purchase process or at the moment of loot box
acquisition. This measure would contribute to guaranteeing that, at a minimum, the consumer is
able to comprehend the warning and acquire knowledge regarding the product they are
procuring, given the absence of cautions accompanying digitally marketed things.
Additionally, Enhancing the complexity of loot box acquisition the limitations imposed on the
preservation of consumer payment information should prevent developers from utilizing
payment data from prior transactions to facilitate further purchases made by the same consumer.

25
Tang, Tracey. “A Middle-Ground Approach: How China Regulates Loot Boxes and Gambling Features in Online
Games.” Gaming - China, 16 May 2018, www.mondaq.com/china/gaming/672860/a-middle-ground-approach-how-
china-regulates-loot-boxes-and-gambling-features-in-online-games.
Assisting in mitigating the detrimental consequences of these systems, while concurrently
enabling their presence for the advantage of game producers and the general populace.
Color Blindness

Individuals who engage in gaming activities, regardless of their specific preferences, are
susceptible to the addictive qualities inherent in gameplay. This susceptibility extends to
individuals who are color blind, even prior to the implementation of any updates or
modifications. Approximately 8% of males and 0.5% of females exhibit color blindness, a rather
small proportion that does not exert any influence on the gaming industry's motivation to
enhance inclusivity for individuals with color vision deficiencies. 26
For individuals engaged in video gaming, certain aspects of the game may present much greater
challenges. This might occur, for instance, when rival teams are differentiated by the colors red
and green, or when other essential on-screen indications exhibit identical hues.
In spite of the substantial impact on a significant population of gamers, there exists a rather
limited level of awareness within the development community. Only a limited number of
publishers actively strive to accommodate individuals with this genetic issue27.Certain video
games, like Call of Duty: Advanced Warfare, Fortnite, DOOM, and Overwatch, provide
comprehensive color-blind modes that enable individuals with color vision deficiencies to have
equal opportunities for engagement.

Policy Recommendation:
It is imperative for game makers to allocate sufficient time and resources towards inclusivity,
particularly in relation to those with colorblindness, a prevalent condition primarily affecting
men. some prominent suggestions are :

1. Button prompts, specifically designed for gameplay dynamics that heavily rely on color.

2. The utilization of several visual cues, without exclusive reliance on color,

3. The colorblind mode refers to a feature that allows users to modify the color palettes,
often involving alterations to the red/green color spectrum.

26
Lee, By Dave. “Are Colour Blind Gamers Left Out?” BBC News, 17 Apr. 2011, www.bbc.co.uk/news/technology-
13054691.
27
“Inaccessibility Is Still Leaving Some Color-Blind Gamers in the Dark.” VICE, 16 Dec. 2020,
www.vice.com/en/article/k7a3d3/inaccessibility-is-still-leaving-some-color-blind-gamers-in-the-dark.
4. The incorporation of these seemingly straightforward enhancements has the potential to
significantly enhance the gaming experience for individuals with color vision deficiency,
hence increasing both the enjoyment and accessibility of the game.
Screen Time

Empirical investigation pertaining to excessive engagement in video games indicates that a

subset of players may experience functional and psychological detriments as a result. Hence, the
necessity for regulation pertaining to video games, whether through governmental intervention or
voluntary measures, has emerged, but with little global implementation, primarily concentrated
in Asian nations28.
China has implemented a strict social measure that prohibits those under the age of 18 from
engaging in video game activities for more than three hours per week. This intervention is
deemed necessary by the Chinese government to address the escalating issue of addiction to
video games, which it has previously referred to as "spiritual opium."29
According to the regulatory body responsible for overseeing the video games market in the
country, gaming companies will be prohibited from offering services to those under the age of
majority during non-designated hours. Additionally, these companies must implement
authenticating systems that verify users' genuine names.
However, the ineffectiveness of China's gaming curfew un mitigating the most severe instances
of "gaming addiction" has been revealed in a recent study published in the esteemed scientific
magazine30

Policy Recommendation:

One potential policy remedy might involve implementing a fatigue system that requires gamers
to register for online games using their authentic names and identity (ID) card numbers. Minors
were found to have obtained just 50% of the experience points (XPs) required for game
progression after a duration of 3 hours of gameplay. Furthermore, it was observed that the
accumulation of XPs ceased entirely after a gameplay duration of 5 hours. Furthermore,
following a duration of 5 hours of playtime, a recurring notification emerged at 15-minute
28
Gentile, Douglas. “Pathological Video-Game Use Among Youth Ages 8 to 18: A National Study.” Psychological
Science, vol. 20, no. 5, 2009, pp. 594–602. JSTOR, http://www.jstor.org/stable/40575069. Accessed 26 Oct. 2023.
29
Goh, Brenda. “Three Hours a Week: Play Time’s Over for China’s Young Video Gamers.” Reuters, 3 Sept. 2021,
www.reuters.com/world/china/china-rolls-out-new-rules-minors-online-gaming-xinhua-2021-08-30.
30
Zendle, D., Flick, C., Gordon-Petrovskaya, E. et al. No evidence that Chinese playtime mandates reduced heavy
gaming in one segment of the video games industry. Nat Hum Behav 7, 1753–1766 (2023).
https://doi.org/10.1038/s41562-023-01669-8
intervals, cautioning players about their excessive engagement in the game and advising them to
cease their activities promptly. This approach, which has been implemented in China, is seen
more effective than a complete prohibition31.
Additionally, The implementation of parental controls in digital devices and online platforms is a
mechanism designed to regulate and restrict access to certain content or functionalities, Several
features have been developed to enable parents to establish controls for their children's use of
computers or gaming consoles.
The purpose of this communication is to alert individuals to potential hazards or risks that may
arise in a certain situation. These communications are intended Certain gaming firms can
also display in-game warning messages that address the potential hazards associated with
excessive game playing. This practice is exemplified by the inclusion of caution signs in the
Battleground Mobile India game subsequent to its controversial release.

31
Király O, Griffiths MD, King DL, Lee HK, Lee SY, Bányai F, Zsila Á, Takacs ZK, Demetrovics Z. Policy
responses to problematic video game use: A systematic review of current measures and future possibilities. J Behav
Addict. 2018 Sep 1;7(3):503-517. doi: 10.1556/2006.6.2017.050. Epub 2017 Sep 1. PMID: 28859487; PMCID:
PMC6426392.
 IP issues vis-a-vis Streaming
One noteworthy phenomenon in the realm of YouTube is the notable rise of "Let's Plays," a
genre of videos wherein individuals engage in video game playthroughs, recording their
gameplay and offering personal commentary in real-time. These videos foster an engaging
atmosphere akin to a casual conversation, wherein the players discuss various aspects of the
game or unrelated topics. Notably, this form of entertainment has transitioned from traditional
living room settings to an online platform, allowing viewers to observe the gameplay remotely.
Video game streaming involves a platform that generates revenue from both popular content and
advertisements, while broadcasters receive a portion of the earnings in collaboration with the
platform. Notably absent from this gathering of wealth distribution are the copyright holders who
possess exclusive rights to the electronic games that are being played by streamers.32
The majority of game publishers permit users to engage in game streaming without any
associated charges, as they perceive streaming as a form of complimentary promotion for their
games, so enhancing their commercial prospects.
It is important to acknowledge that streaming platforms exploit the copyright of game publishers.
This exploitation occurs without any formal contractual agreement or transfer of copyright
ownership. Additionally, it is crucial to recognize that service providers also have legal
responsibility for this infringement.33
Streamers engage in the act of broadcasting their gameplay on online platforms such as
Twitch.tv. In this pursuit, they dedicate considerable amounts of time and financial resources
towards establishing a distinct brand identity and cultivating a loyal following. Additionally,
streamers make strategic investments in high-quality streaming equipment to enhance the overall
quality of their broadcasts. In the current landscape, various platforms are allocating substantial
financial resources towards acquiring a larger user base and securing contractual agreements
with renowned streamers. The possible consequences of game streaming content being deemed
as infringement, including the ability of game publishers to unilaterally remove such content or
seek compensation, could have a detrimental impact on the viability of this emerging sector.
32
CBS This Morning, Twitch Turns Gaming into Spectator Sport, CBS NEWS BROADCAST (Oct. 10, 2014),
http://www.cbsnews.com/videos/pay-for-play-twitch-turns-gaming-into-spectatorsport/ [https://perma.cc/9QVB-
24Z9].
33
Breena Kerr, Get Rich or Die Streaming: Making Money on Twitch.tv, THE HUSTLE (Oct. 30, 2015, 4:20PM),
https://thehustle.co/get-rich-or-die-streaming-making-money-on-twitch-tv [https://perma.cc/VC4E-TBWX].
According to the World Intellectual Property Organization, copyright in video games is
characterized by its intricate nature. Video games are considered intricate works of authorship
due to their incorporation of various art forms, including music, scripts, plots, video, paintings,
and characters. Moreover, these works involve human interaction as players engage with the
game through the execution of a computer program on specific hardware. Hence, video games
are not conceived as singular, uncomplicated entities, but rather as a fusion of distinct
components, each of which possesses the potential for separate copyright protection.

In order to achieve a harmonious equilibrium between the interests of streamers, the streaming
platform, and copyright holders, and to foster the growth and sustainability of this emerging
company, it is imperative to implement necessary modifications to the current situation. It is
imperative to attain a mutually beneficial outcome for all parties concerned.

Policy Recommendation:

In light of the current circumstances, it is recommended that a policy be implemented to address

the existing challenges and promote positive outcomes. This policy should be carefully designed
Subscribers who have obtained a license from the Copyright Owner to utilize the video game
content that has been independently published and uploaded to the Internet are entitled to
transmit said content to third parties or publicly exhibit it via online streaming. The streamer
shall possess the copyright of any fixed streaming content. However, it is imperative for the
aforementioned streamer to provide compensation to the copyright holder in accordance with the
stipulations outlined in the relevant rules.
Upon downloading a game, the game player is required to enter into a Subscriber Agreement
with the game publisher. This agreement grants the player a non-exclusive license and the right
to utilize the content and services provided.34
Furthermore, the proposition is predicated upon the principle of voluntariness35. In order to
uphold the rights of copyright owners, the proposal grants copyright owners the unconditional

34
Steam@ Subscriber Agreement, art. 2(a), STEAM, http://store.steampowered.com/subscriber agreement/
[https://perma.cc/ZYA3-74TD]
35
Qui, Yang. "A Cure for Twitch: Compulsory License Promoting Video Game Live-Streaming." Marquette
Intellectual Property Law Review, vol. 21, no. 1, Winter 2017, pp. 31-56. HeinOnline.
right to terminate a license. By facilitating ease for both the streamer and the platform, it
efficiently safeguards the copyright owner's rights. During the process of live streaming a video
game, streamers allocate their time and financial resources towards establishing a distinct brand
identity, cultivating a dedicated fan base, and procuring high-quality equipment to enhance the
streaming experience36. Content creators that obtain the mandatory license are required to fulfill
their commitment of remunerating. After streamers generate revenue, game publishers receive
compensation. Streamers and platforms may be incentivized to perform their responsibilities
more effectively as a result of the right to cancel, as game publishers will have the authority to
terminate the license in the event of non-payment of remuneration.

36
Ribaudo, Nicholas. "YouTube, Video Games, and Fair Use: Nintendo's Copyright Infringement Battle with Your
tube’s Let's Plays and Its Potential Chilling Effects. Berkeley Journal of Entertainment and Sports Law, 6, 2017, pp.
114-138. HeinOnline.
Conclusion

The gaming business, a prominent force in the realm of entertainment, has positioned itself as a
prominent aspect of contemporary culture. Nevertheless, the increasing rise has brought up a
multitude of obstacles that emphasize the imperative need for a comprehensive policy
framework. This framework possesses the capacity to not only effectively tackle these concerns
but also to sustain the growth and prosperity of the gaming sector, hence yielding advantages for
gamers, society, and governmental entities.

Legitimate apprehensions exist over the presence of violence in video games and its ability to
desensitize individuals. A well formulated strategy can effectively strike a balance between
promoting creative expression and ensuring responsible content creation, so enabling gamers to
derive enjoyment from the medium while safeguarding their psychological well-being.

The concern surrounding the prevalence of prolonged screen usage, particularly among the
younger demographic, is a matter of considerable importance. One potential approach to
fostering healthy gaming habits is the implementation of a policy that provides tips and
instructions for the responsible management of screen time. This measure ensures the
preservation of both the physical and mental well-being of individuals engaged in gaming
activities, while also promoting the adoption of a well-rounded and healthy lifestyle.

The consideration of accessibility difficulties, specifically pertaining to color blindness, is

frequently disregarded within the realm of game design. An all-encompassing policy framework
has the potential to establish obligatory design standards that promote inclusivity, thereby
enabling full participation of gamers in the gaming experience, irrespective of their physical
capabilities.

The gaming industry is a fertile ground for innovation; nonetheless, the presence of intellectual
property concerns has the potential to impede creative endeavors. A comprehensive policy can
establish explicit directives for safeguarding intellectual property while simultaneously
cultivating a climate conducive to creative advancement. Ensuring fair and equitable dynamics
between content providers, broadcasters, and game developers is achieved through the resolution
of game streaming-related concerns.
Sexual harassment significantly impacts the gaming community, hence impeding the overall
experience for several individuals. The implementation of a well-organized policy can facilitate
the establishment of reporting and moderation systems that effectively utilize technical
resources. This approach aims to cultivate a gaming environment that is secure, considerate, and
inclusive for all participants, irrespective of their gender.

In summary, the gaming industry finds itself at a critical juncture. The proposed course of action
is evident: the establishment and execution of an all-encompassing policy framework. This
paradigm will not only effectively tackle these urgent concerns but also establish a pathway
towards a more promising, ethically conscious, and economically thriving future for the gaming
ecosystem. This strategy offers advantages to several stakeholders, including gamers who want
entertainment, society that aims for decreased negative consequences, and the government that
acquires a basis for taxation, regulation, and legal remedies. The present moment presents an
opportune time to commence this profound expedition, so guaranteeing the gaming industry's
continued status as a paragon of ingenuity and amusement, all the while upholding its dedication
to the welfare of individuals.