近年來，在遊戲產業，高階展示法經常成為熱門話題，主要與扭蛋有關。那麼，《不合理保費與陳述法》是一部什麼樣的法律，可以採取哪些措施來避免問題呢？在開發者的會議 CEDEC 2024 上，City Lights 律師事務所律師 Kotaro Maeno 先生發表了題為“基於過去處罰的遊戲開發和運營中的獎金和代表法的要點”的演講。那麼，我們來報告一下吧。
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前野光太郎先生（城市之光律師事務所律師）
 前野先生是個遊戲迷，在玩了《逆轉裁判》後決定成為律師。儘管他列舉了《不正當陳述法》下的問題示例，但他在演講的序言中表示，這些問題已經發佈在消費者事務局的網站上，他的目的並不是要貶低任何特定公司。 |
《保費和陳述法》的正式名稱是《防止不合理保費和誤導性陳述法》，它結合了兩部法律：
保費條例
和
陳述條例
。前野先生表示，為了理解《不合理保費和陳述法》並考慮這個問題，區分保費和虛假陳述的規定非常重要。
標籤法規嚴格禁止虛假標籤。 「高品質的誤認」顯示出比實際情況更好的東西（例如，扭蛋中出現的角色有一個副本，說連續攻擊5 次，但實際上有2 次連續攻擊），並表明它比實際情況好得多展示「有利的錯誤訊息」的展示（例如，商品限時售價為1,500 日元，但實際上始終以1,500 日元出售）等，違反了該展示規定。
在遊戲術語中，“顯示器”是指螢幕上出現的字元和圖形，但在顯示器法規中，顯示器是“出於廣告目的從企業向消費者定向的任何東西”，換句話說，它不不管它採取什麼形式。顯示內容不僅包括遊戲內的通知，還包括橫幅、電子郵件，甚至直播節目的表演者所說的內容。
 換句話說，基本上不可能透過「由於不是以文字或圖形的形式顯示，因此不受規定限制」來逃避。如果涉嫌違規，消費者事務局將進行調查，如果發布“措施令”，企業必須支付附加費。該公司的名稱隨後將發佈在消費者事務局的網站上。 |
Another regulation on premiums is that premiums that interfere with consumers' independent and rational product selection must not be offered. For example, confectionery A comes with a prize for a cruising trip, confectionery B has a prize for a trip around the world, and confectionery C has a prize for a trip to Hawaii, and if a consumer chooses confectionery B with the aim of traveling around the world... This is an issue in the regulation of premiums. Consumers are choosing free travel instead of sweets, and this is not a wise product choice.When I heard this, I thought, ``What would happen if we gave out prizes to everyone?'' However, according to Mr. Maeno, even if we gave out prizes to everyone, it would not be an exception to the prize regulations. Combined with the previous ``display'', I got the impression that the ``loophole'' was blocked.
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He gave examples of problems that occurred when dealing with such displays and prizes in the game industry. In these examples, the problem lies in either the ``planning phase'' or the ``advertisement/implementation phase,'' and it is important to consider them separately.
Planning phase
●Comp gacha problem
On May 18, 2012, the Consumer Affairs Agency announced an official opinion stating that ``Complete Gacha'' is equivalent to ``card matching'' (picture matching) regulated under the Premiums and Representations Act, and it became a hot topic. Many people probably remember that.
Even before this, it had been pointed out that Comp Gacha might violate the Act on Premiums and Representations, and there were major movements in the social game industry, with companies announcing the abolition of Comp Gacha before the Consumer Affairs Agency announced its opinion. Ta.
Comp gacha is a game where you can get a special item by collecting specific items from the gacha, and it is prohibited regardless of the maximum value or total amount of prizes (special items).
``It would be fine as long as you don't get items,'' and even if you implement a mechanism where ``you can use powerful skills and special moves by combining characters and items from gacha'', you will still get out of control when you combine the cards mentioned above. becomes.
Various games have already adopted systems such as combination techniques where multiple characters work together and the synthesis of items, but if this comes from gacha, it will be a problem.
In fact, in 2015, ``If you collect rare items from gacha, you can exchange them for items that will give you an advantage in game progress,'' and in 2021, ``If you acquire both an item and an item that increases the ability of the item, A mechanism was devised to strengthen the abilities of the character equipped with it (combining items to obtain a powerful item), but both were given administrative guidance (unlike measures orders, company names would not be disclosed). is being carried out.
In response to these examples, Mr. Maeno said, ``Basically, mechanisms that allow you to obtain more advantageous items or effects by obtaining different types of items from gacha should be avoided. "You should consult a specialist," he advises.
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 | Also, be careful about sweepstakes plans. This is especially true since Google and Apple have begun relaxing out-of-app purchases from 2022 (external link), making it easier to implement them.In 2016, a plan to ``provide additional points through a lottery to those who purchase more than a certain amount of points that can be used in online games'' was subject to administrative guidance. The problem is that this exceeds the maximum amount of prizes that can be offered in a sweepstakes.
Advertising/Implementation Phase
Care must be taken not only in the plan itself, but also in the display that conveys this information to consumers. Here, examples were given of cases in which orders for measures were issued that were more severe than administrative guidance.
●Display about gacha probability
Although the appearance probability of a certain character was displayed in the game as being 3% per gacha, it was actually 0.333%. In this example, a Chinese company had to pay a surcharge of 6.09 million yen. Of course, this is not an exception when a foreign company develops a service in Japan.
Also, in the 1st anniversary event of another title, it was displayed as if a lottery would be drawn based on the offer ratio for each event, but this was not actually the case. There were a limited number of combinations close to the table, and most of the combinations that would have been provided if they were as displayed were ``absolutely'' not provided.
In the first place, gacha relies on players trusting that ``the odds are won according to the displayed probabilities,'' and misrepresentation can seriously damage that trust. Since gacha starts being used the moment it is implemented, damage cannot be prevented even if the display is corrected later.
Mr. Maeno said that if false representations are made, gacha should be stopped as soon as possible. This is because, in addition to damage prevention, surcharges are calculated based on sales. In addition, there is a possibility that a lawsuit will be filed, and the cost of responding will be necessary. Of course, it is desirable to avoid misrepresentation from the beginning, and summarized that it is important to conduct more careful checks and establish an information sharing system.
●Displaying offered items
There are also titles where the content of Internet distribution programs has become problematic. All 13 monsters in the lineup were displayed (distributed) as if they would undergo special evolutions, but only two were actually targeted. The surcharge was 50.2 million yen, but the amount was reduced by half after a voluntary report.
This is a rare case where the content of the internet distribution was a problem, but there are many administrative guidance regarding the provided items, such as the status being lower than displayed and the effects of the items being different.
This is related to the fact that strong expressions are likely to be used due to the nature of announcement screens and advertising space. The person checking the game must have knowledge of the game's specifications, and this becomes even more important when localization is involved.
Also, in one title, a package containing characters and in-game currency was displayed as if it were cheaper than purchasing them separately, but this was not actually the case.
According to Mr. Maeno, this is a "quite special case" and he assumes that it was simply a pricing error. He said that there are not many cases of double price display in games, and that the reason may be that prices cannot be easily changed due to restrictions on the distribution platform. The above-mentioned out-of-app purchases make it easier to adjust prices, so you should also be careful here.
●About “Limited”
Limited sales such as limited-time gachas are often seen in social games. There are cases where characters and items are available for purchase even after the limited time period has passed.
Of course, if it says "Limited", it gives the impression that it can only be obtained during that period, which is a misleading display.
To avoid this, it is always necessary to add a note (display of cancellation) such as ``*There is a possibility that the gacha will reappear after the end of the gacha'', but this does not mean that it is OK just to make a note. The text must be written in a way that consumers can understand, such as the size of the letters and where they are placed, and it is also effective to check legibility from a third party, such as from another department.
●About display method
Social games are often distributed over the internet. Developers who are not accustomed to public relations considerations may come to the fore, so it is important to check in advance what statements to make and avoid. Even if there is a misunderstanding, there is a period of recovery since the distribution will take place before it is implemented. It is also effective to check after delivery.
"Project distribution" in which you ask YouTubers to feature your company's products is becoming common, but this also requires a notice that it is an advertisement, and if it is a long distribution, it may not be posted outside the beginning. considered desirable.
On YouTube, if you set the video as a "paid promotional video," the video will be marked as "contains promotion," but the Consumer Affairs Agency has not clarified whether this is sufficient. He says that it is important to decide how to display the information at the time of request, and to specify the notation and method, rather than leaving it up to the office or agency.
In social games, a new display is displayed each time a gacha is played, making it easy for misunderstandings to occur. Since there is no benefit to either the developer or the player, it is best to avoid misidentification. In the fast-paced nature of social games, it is difficult for development and related departments to work together to prevent misidentifications, but it felt like an absolutely necessary effort.
以上是如何防止「消協合作」的發生。 《基於以往處罰案例的遊戲開發和營運中有關《獎金和誤導性陳述法》的要點》報告 [CECEC 2024]的詳細內容。更多資訊請關注PHP中文網其他相關文章！
