Gaming arena in Switzerland in 2024: the impact of the new law on protection of youth in the videogames

The management of gaming arena is a recent business model in Europe and it is strictly connected to the developments of the gaming and esport industry. Due to the innovative nature of such fields, governments are attempting to provide regulations which are likely to impact existing businesses and new incumbents. An important example is provided by the recent adoption in Switzerland of a specific law addressing (among the rest) gamers.    

The new law

On 30 September 2022 the Swiss Parliament has adopted a new law on the protection of youth in films and videogames (“SYMA”, for the official statement click here), which aims to make providers more accountable by taking measures to protect minors from harm that can be caused by improper use of video games. In particular the rationale is to protect minors from depictions of severe violence or of a sexual nature and from other inappropriate content in movies and video games that could harm their development. For the text of the law click here.

On 16 June 2023 the Federal Council has launched a consultation on the SYMA that will last until 6 October 2023. Following such date, the SYMA is expected to enter into force.

New obligations for organizers of public events

The SYMA firstly requests event organizer to display the minimum age indication and content descriptors for movies and video games at ticket sales points and public event venues. The minimum age indication and content descriptors may be provided, for example, through printing or a self-adhesive label. In its message dated 11 September 2020 (the “Communication”) the Federal Council has made clear that by “ticket sales points” the SYMA means not only physical ticket counters but also online sales points.

In general organizers may take inspiration by the European self-regulation system “PEGI” or the German one “USK”. With regard to the age classification system, the SYMA requires industry associations to define one system that meets the criteria set forth by the law.

Event organizers are also requested to conduct age controls on minors before granting them access to videogames. Where a player does not meet the required minimum age, he/she should not be allowed access to the video game.

Typically, gaming events have visitors of diverse age, so that a portion of visitors may meet the age for certain games but not all the games displayed at the fair. Organizers must then ensure that not all visitors have unrestricted access to all areas of the fair and prevent minors from accessing areas that are not appropriate for their age.

Exceptions to age restriction

The SYMA provides for a limited set of exceptions to the prohibition of admitting minors who do not meet the minimum age requirements. Specifically, event organizers can allow a minor who does not meet the minimum age requirement to access a video game if they are accompanied by an adult who is at least ten years older and only if the game is not exclusively authorized for adults (e.g. PEGI 18).

In the event of tournaments, the organizers may allow minors that do not meet the minimum age to play only if they have the written consent of the parents or legal guardian of the minor.

Co-regulation

The SYMA introduces a principle of co-regulation: the Swiss Confederation sets the framework conditions, while industry associations will be responsible for the implementing provisions in the form of regulations regarding the protection of minors. These regulations can be declared binding for all operators in their respective sectors if they meet the requirements specified by the law.

The provisions of the SYMA establish the conditions that industry associations must meet so that their child protection regulation regulation may be deemed binding.

LAN Parties v. Gaming arena

LAN parties were invented in the 1990s. They are gatherings where participants, equipped with hardware (e.g., computers, consoles) and games, connect to the same LAN network and compete against each other.

Initially, these were small events, like get-togethers at a friend’s house. With the growth of the multiplayer gaming world, especially first-person shooters, much larger LAN parties began to be organized with thousands of participants and more substantial prizes.

With regard to the SYMA, in the Communication the Federal Council stated the definition of event organizers under the SYMA does not include organizers of classic LAN parties. This interpretation is based on the fact that organizers of LAN parties simply provide the infrastructure (e.g., venues, electricity, internet connection), while participants bring their own computers and video games.

On the contrary, the Communication confirms that LAN party organizers who also provide consoles or computers, including video games, fall within the scope of SYMA. In light of this, it can be considered that the operator of a gaming arena, where both hardware and software are typically made available to customers, should be subject to the obligations of the new regulation.

The impact for gaming arena

Once the SYMA enters into force, operators of gaming arenas should firstly determine the minimum age requirements for the videogames that make available to their customers. They will need to display the minimum age clearly within the premises of the gaming arena and on the online app or website, if this is available and it is used to purchase time at consoles or computers.

Additionally, they need to register the age of their customers and deny access to games for those minors that do not meet the required minimum age, unless the exception provided by the SYMA apply.

In general, gaming arena will need to monitor possible provisions implemented by industry associations, such as, for example, the introduction of new age classification systems in Switzerland.

If you want to know more on how we can help you manage your gaming arena, please check our dedicated page or feel free to contact us.