What is PEGI?
The computer games industry is characterized by enormous diversity, making it difficult to clearly and precisely define the content of a given title. However, the PEGI game classification system comes in handy, at least to a small extent reflecting the specifics of a product.
The PEGI (Pan European Game Information) system is a European classification system for computer games, established in 2003 by the Interactive Software Federation and in force in Poland since September 1, 2009. It is currently used in 39 countries. Its purpose is to inform potential users about the product's content by including labels on the game packaging. Buyers can learn what stimuli they may be exposed to during gameplay and, above all, whether the game is suitable for children, as parents primarily consider children when purchasing games. Interestingly, rating does not take into account the game's difficulty level, but rather the age of the potential user, appropriate for the content. Therefore, a game marked PEGI 3+ will not contain, for example, violence, profanity, or sexual content, but it may still be beyond the capabilities of a young child.
Can a seller refuse to sell a computer game to a customer by referring to PEGI?
A common question consumers ask is whether a seller can refuse to sell a game marked with a PEGI 18+ symbol to a minor or simply someone under the age indicated on the game's cover. Under current law, there's only one answer: the seller doesn't have this right. The PEGI rating in Poland is for informational purposes only, and the manufacturer's submission of a game to this classification is voluntary. The PEGI rating is not specified in Polish law, and it's hard to find any legal basis for it. Game sellers often misuse the regulations, relying on Article 15 of the Alcoholism Prevention Act of 26 October 1982 to sell games, which reads:
Art. 15. sec. 1.
It is prohibited to sell or serve alcoholic beverages (...) to persons under 18 years of age (...). sec. 2. In case of doubt as to the age of the purchaser, the seller or person serving the beverages is entitled to demand the presentation of a document confirming the purchaser's age.
or
Article 6 of the Act on the Protection of Health against the Consequences of the Use of Tobacco and Tobacco Products of 9 November 1995:
Art. 6 sec. 1. It is prohibited to sell tobacco products to persons under 18 years of age Art. 6 sec. 1a. In case of doubt as to the age of majority of the buyer of tobacco products, the seller may request the presentation of a document confirming the age of the buyer.
However, as is clear from the content of the cited provisions, they apply only to alcoholic beverages and tobacco products and there is no legal basis to apply them to computer games as well.
Furthermore, a seller may face negative consequences for refusing to sell a computer game to an underage customer. Pursuant to Article 20 of the Civil Code (hereinafter referred to as the Civil Code), a person over the age of thirteen may, without the consent of a legal representative, enter into contracts commonly concluded in minor, everyday matters. Therefore, such a person is undoubtedly entitled to purchase a computer game.
By refusing to sell the game, pursuant to Article 135 of the Code of Petty Offences (hereinafter referred to as the Code of Petty Offences) quoted below, such a seller – often despite legitimate intentions – exposes himself to a fine.
Art. 135 of the Commercial Companies Code. Anyone who, while engaged in the sale of goods in a retail or catering enterprise, hides goods intended for sale from the purchaser or deliberately refuses to sell such goods without a justified reason, shall be subject to a fine.
Refusal to sell a computer game to a person who is over 13 years of age may also give rise to a claim for damages on the part of the buyer, because pursuant to Article 543 of the Civil Code:
Art. 543. Exposing an item to the public at a place of sale with an indication of the price shall be deemed an offer of sale.
A buyer who is over 13 years of age is entitled to accept such an offer, and the PEGI marking is not a contraindication to the sale of such a product, because, as I mentioned earlier, this marking is for informational purposes only, and the age restrictions provided for by law apply to tobacco and alcohol products.
Can PEGI become law in Poland?
Although Polish law has not yet implemented the PEGI system, or any similar system, into the current legal system, it is highly likely that this will happen in the coming years. The PEGI system has gained recognition across almost all of Europe and enjoys broad support from the European Commission. In late 2013, the then-Ombudsman, Professor Irena Lipowicz, submitted a request to the Minister of Economy to immediately take action to regulate the sale of certain computer games. The likely reason for this request was the controversial character Trevor from GTA V, who was characterized by extreme brutality and numerous perverse behaviors.
Currently, a growing number of countries are adopting the PEGI system into their legal systems. Austria, Lithuania, the Netherlands, and France, among others, have taken advantage of this solution. Given the development of the computer games market, it's highly likely that the PEGI label will also be implemented into the Polish legal system.
This alert is for informational purposes only and does not constitute legal advice.
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