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Electronic games and applications sold or downloaded for free over the internet will, from September 2012, have an indicative age rating. In other words, users are now informed about the age group for which the product is recommended. The concierge 1.643/2012, published by the Ministry of Justice in the Official Gazette of the Union on August 6, determines that companies that sell or offer these programs for free will be responsible for evaluating the content based on the criteria of sex, drugs and violence and specifying the indicative classification of according to the national standard. Anyone who does not comply may be punished by the Federal Public Ministry.
 
The new rules apply to all audiovisual entertainment programs that allow the user to interact with images sent to a device that displays them (tablet, smartphone or computer), whether sold and distributed free of charge in Brazil or even hosted on servers located in other countries as long as they are aimed at the Brazilian public.
 
Age range recommendations must be clearly displayed in the media that advertise the products. For games in physical stores, the determination of the Child and Adolescent Statute (ECA) that only people with the minimum age indicated can purchase the game without the presence of a guardian continues to apply. 6 classification age groups were established:
 
  • free,
  • not recommended for children under 10 years old,
  • not recommended for children under 12 years old,
  • not recommended for children under 14,
  • not recommended for children under 16,
  • not recommended for children under 18.
The measure is the result of the need for improvement to keep up with technological advances, indicated in a public consultation carried out in 2011 by the Ministry of Justice with the aim of expanding civil society participation in the indicative classification policy.
 
Games and applications distributed only digitally that already have a foreign classification recognized by the Ministry of Justice may be self-classified, waiving the obligation for prior evaluation.

 

Gaming Ordinance
How was
How it looks
Impact
Regulated by Ordinance 1,100/06, which deals with prior analysis. (Cinema / DVD / Games
Regulated by Ordinance 1,643/2012, specific to games.
Greater coverage.
Electronic games could only be distributed after being classified by the MJ.
Games and applications distributed digitally They can be self-classified as long as they have a foreign classification accepted by the MoJ.
Increase in the volume of classified products.
There was no provision for classifying products distributed via the internet, intended for the Brazilian public.
Products intended for the Brazilian public, even if hosted on foreign websites, must be classified.
It expands protection for children and adolescents as it reaches a greater share of electronic games.

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