LONDON—Video game developers are still being censored because many develop, sell, and distribute games that are sexually explicit and intended for adult users, AVN has learned. Two recent events stand out, both including PayPal freezing a developer's account with over $100,000 in it, and Itch.io folding to the Online Safety Act.
Gaming news website Spilled reported today that a video game developer based in the United Kingdom is seeking legal advice through the social network Reddit. As the developer describes via their username, u/Fit-Commercial-5681, they owe a massive corporation tax bill to His Majesty's Revenue & Customs department (HMRC).
"I'm a programmer for games on Steam (primarily adult games), and a month ago, I was expecting payment for a game I released, which netted me [about] £80,000," the user shared in his post to the subreddit r/LegalAdviceUK. Based on current conversion rates, £80,000 is about $107,986.
"This money was supposed to be used to pay a large corporation tax bill due in August," the user expanded. "However, for 4 plus weeks now, PayPal...[has]...refused to release ANY of the money to me. They interviewed me and asked where it came from. I said it came from programming work I did for video games."
"They asked me where the games were sold, and I said Steam," he added. "Then they asked me what specific game it was and demanded I link the store page. I linked the store page, and when they realised it was an adult game, they refused to release my money. ... I've raised complaints that have gone NOWHERE."
According to Spilled, the developer was told by PayPal that they have to adhere to their terms and conditions related to sexual content and the policies outlined by the additional policies of the credit card companies like Visa and Mastercard. The PayPal platform prohibits "sexually oriented digital goods or content delivered through a digital medium. Examples of digital goods include downloadable pictures or videos and website subscriptions."
Whether PayPal has the right to freeze funds otherwise is still up for legal debate. Users in reply to u/Fit-Commercial-5681 urged them to retain a lawyer or solicitor.
Meanwhile, the Online Safety Act continues to prove censorial to platforms and content creators that produce sexual content for adult audiences. Rhiannon Bevan, the executive editor for The Gamer, reported that some users in the United Kingdom are unable to access storefronts and bundle pages on indie marketplace Itch.io.
Bevan points to the example of Ela Bambust, a trans author and content creator, raising concern that their page on Itch.io was labeled as "not available in your region" for U.K. users. AVN tested this block by spoofing our IP addresses via a virtual private network. We spoofed our location to London. And, the following was displayed:
"Due to regulatory requirements established by the United Kingdom’s communications regulator (Ofcom), this page has been restricted from access within the U.K. due to the Online Safety Act," the landing page states. We value our users around the world and are committed to complying with local laws and regulations."
"While we are currently unable to provide this specific content or service to users in the U.K., we continue to evaluate our offerings and compliance framework, and we hope to make more content available in the future."
In response, Bambust posted to their Patreon expressing dismay at Itch.io and the Online Safety Act.
"My page isn't viewable by users in the U.K., one of my two main markets," Bambust wrote in their Patreon post. "A large part of my work deals with sensitive subjects and has been delisted. My avenues of income are dwindling. I'm running out of storefront."
Bambust refers to ongoing campaigns against platforms like Itch.io and its more mainstream competitor, Steam, which is owned by Valve Corporation.
For example, AVN previously reported on how the Australian anti-pornography group Collective Shout managed to get Itch.io and Steam to pull adult games after they engaged in a social media campaign calling for Visa, Mastercard, and other payment processors, fintechs, and gateway providers to block transactions of these games.
"Some will argue that the platform is blameless, that they are beholden to government oversight and the whims of the payment processors," added Bambust via the Patreon post. "Others will argue, and I think correctly, that Itch.io's implementation of the new rules has been sweeping and has disproportionately affected queer creators, that, whether incompetency or malice, they have done tremendous harm."
"The truth probably lies somewhere in the middle," Bambust declared. "Itch is one of the only platforms that actually encourages and supports queer indie content."
