Contribution
The hon. Member makes a perfectly valid point with which I sympathise. It is certainly true that there are a number of different games providers and some are backed by large amounts of money and debt. We have to distinguish clearly between the variety of games providers out there; I will go on to say something about the smaller providers, but the principles that underlie this issue seem clear.
It is incumbent on games companies to make it absolutely clear to consumers when there is the possibility that their games may become unplayable after a period of years. I hope that the video games industry will be happy to accept that responsibility by using clear consumer messaging; I would certainly expect the two industry trade associations to ensure that that happens as a matter of course. As I noted, however, we must also bear in mind the cost to video game publishers of continuing the software; this could become an unfair burden, especially on games producers that are comparatively small, independent businesses, which are all already facing increased costs. Will the Minister take this opportunity to reassure the industry generally that she is battling for the interests of the creative industries as a consideration in the forthcoming Budget that the Chancellor is in the process of writing?
The Government also have responsibility for evaluating whether the protections in place for consumers are both effective and sufficient—we cannot simply assume that they are. Consumers are predominantly protected by the Consumer Rights Act 2015 and the Consumer Protection from Unfair Trading Regulations 2008. The CRA ensures that if software on sale is not supported by the provider, that should be made clear—on product webpages and on physical packaging and labelling, for example. Does the Minister believe that existing labelling and consumer information are sufficient? As I said, we cannot simply assume that because the law and regulations exist.
We have had recent experiences in other fields—Oasis tickets and Ticketmaster, for example—where the Competition and Markets Authority found that consumers were not given sufficient information. If the number of games being disabled or deactivated is increasing, perhaps it is time to consider whether the existing information is suitable. If digital content does not meet the CRA’s quality rights, the consumer is entitled to a repair or replacement or, if that is not possible, money back up to 100% of the cost of the digital content. Those rights apply to intangible digital content, such as a PC game, as well as tangible content, such as a physical copy of the game. Has the Minister made an assessment of how successful consumers are at seeking redress from video publishers?
Consumer protection rights, which the last Government put into primary legislation, prohibit commercial practices that omit or hide information that the average consumer needs to make an informed choice, and prohibits traders from providing material in an unclear, unintelligible, ambiguous or untimely manner. As with the CRA right to redress, does the Minister believe that the existing route—via Citizens Advice, trading standards, and, where appropriate, the CMA—is an appropriate avenue for consumers? Can the Minister update us on how many consumers have achieved compensation via those routes?
The Government have already confirmed that they have
“no plans to amend existing consumer law on disabling video games.”
That may be a proportionate approach on the basis of what we currently know. However, the Digital Markets, Competition and Consumers Act 2024 will give Ministers the power to add, amend or remove a description of a commercial practice that is, in all circumstances, considered unfair. Will the Minister be willing to use those powers in the case of video games, if the evidence suggests that the industry’s commercial practices fall short? Will the Minister confirm that the Government will ensure that the disabling of games is monitored to determine whether it is increasing? Can she confirm that the CMA will look at the existing information requirements for consumers to identify whether it is adequate?
All said, the previous Government recognised the importance of the sector. I hope the Minister ensures that, while she considers whether more can be done to address this issue, any new measures do not stifle growth. Consumers must be protected, but we have a great UK video games sector. The Opposition want to see it go from strength to strength.