Provides that persons who sell or rent video games shall display a warning with respect to the relationship between playing video games and epileptic seizures

1 Co-sponsor

• William J. Larkin Jr.

Title of bill

An act to amend the general business law, in relation to requiring epilepsy warnings on video games

Purpose

To require epilepsy warnings on video games.

Summary of provisions

This bill (the "Bill") amends the General Business Law by adding a new Section thereto to require the following epilepsy warning, or a similar statement which adequately describes the potential risk of suffering a seizure or experiencing seizure-like symptoms during or after the playing or watching of a video game, be displayed in a prominent or conspicuous location wherever such video games are sold or rented.

EPILEPSY WARNING Real before using your video game system. Medical research indicates a small percentage of the population may experience epileptic seizures or seizure-like symptoms when exposed to certain stimuli, including, without limitation, light patterns, flashing lights or certain patterns of background on a television screen or video monitor. Exposure to these stimuli while playing video games may induce an epileptic seizure or seizure-like symptoms in these individuals. Certain conditions may induce undetected epileptic symptoms even in persons who have no prior history of seizures or epilepsy. If you experience any of the following symptoms while playing a video game - dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, and involuntary movement or convulsions - IMMEDIATELY discontinue use and consult your physician before play.

The Bill defines the term "video game" as any video game system, video game cartridge, video game compact disc, video game digital versatile disc or digital video disc, video game component, video game accessory or video game controller of any variety.

Under the Bill, any person who sells or rents a video game in violation thereof shall be subject to a civil penalty of $50.00 for each occurrence.

Justification

Epilepsy (sometimes called seizure disorder) is a chronic medical condition produced by temporary changes in the electrical function of the brain, causing seizures which affect awareness, movement or sensation. Most seizures occur without warning.

There are various types of epilepsy, including Photosensitivity Epilepsy. Photosensitivity Epilepsy is an uncommon condition in which visual stimuli, such as flashing or flickering lights (usually of high intensity and/or certain patterns, such as stripes) trigger epileptic seizures. Photosensitivity Epilepsy is one of a group of "reflex" epilepsies, so called because of the seizure is a direct response to a stimulus.

Around 1 in every 130 people is diagnosed as having epilepsy, whereas only 1 in every 10,000 have Photosensitivity Epilepsy. Among people with epilepsy, only an estimated 3-5% have seizures triggered by lights or patterns. Photosensitivity Epilepsy most commonly affects children.

This Bill would require that a warning be placed upon every video game warning people of the dangers of Photosensitivity Epilepsy.

Legislative history

S.3209, 2007-08; S.1635, 2005-06; S.1833, 2003-04; S.6692, 2001-02.

Effective date

This act shall take effect one year after it shall have become a law.