A series of six lawsuits addressing videogame addiction has recently been brought against major game developers and publishers,
including Microsoft, Activision Blizzard, Roblox, Epic Games, Rockstar, and others. These lawsuits, all filed within the past year, allege that game developers are deliberately fostering addiction among players.
In response to one of these lawsuits, filed by a woman and her son from Arkansas, the targeted game developers have labeled the suit as “an infringement on the First Amendment rights of videogame creators.”
The Arkansas lawsuit claims that popular games like Roblox, Fortnite, Call of Duty, and Minecraft employed “addictive psychological features” to ensnare the son, who began playing at the age of 12. Now 21, he reportedly spends $350 per month on games, dropped out of school, and has been diagnosed with major depressive disorder and anxiety. The suit also highlights symptoms of withdrawal such as anger and physical outbursts experienced by the son, which allegedly left the mother feeling unable to regulate his gaming habits due to fear.
The complaint holds the game developers responsible for creating designs that exploit the brain’s chemical reward system, leading to addictive behavior and subsequent mental and physical harm, particularly in minors. Additionally, it accuses the developers of failing to warn users about the risks of addiction.
In their motion to dismiss, the developers’ legal representatives argue that video games constitute a form of expression, as affirmed by a 2011 Supreme Court ruling, and that deeming their expression “too entertaining” does not justify limiting constitutionally protected speech. Furthermore, they contend that the plaintiffs have not sufficiently demonstrated which specific features of each game caused harm and how.
The complaint elaborates on the alleged addictive properties of each game, citing aspects such as “predatory monetization” and manipulative user interface techniques known as “dark patterns.” However, many of the criticisms appear to target elements of gameplay that are typically considered normal or positive.
For example, Call of Duty is criticized for its reward system involving gun and attachment unlocks, which the suit describes as a form of conditioning, as well as its fast-paced gameplay and engaging visual and auditory elements. Similarly, Minecraft’s multiplayer features are accused of fostering addiction by encouraging interaction with other players, with a warning about potential hyperfocus and addiction for players with ADHD. Grand Theft Auto 5 is cited for its diverse range of activities and challenges designed to sustain user engagement and prevent boredom.