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Is it illegal to play Fortnite under the age of 12?

Published in Gaming Age Restrictions 3 mins read

No, it is not illegal to play Fortnite under the age of 12.

While video games like Fortnite have age ratings, these are typically recommendations based on content suitability, not legal prohibitions. Playing a game below its recommended age rating does not constitute an illegal act.

Understanding Age Recommendations in Gaming

Age ratings, such as those provided by the Entertainment Software Rating Board (ESRB) or Pan European Game Information (PEGI), serve as guidelines for parents and consumers about the content of a game. They help individuals make informed decisions about what games are appropriate for players of different ages. Fortnite, for instance, is rated PEGI 12, ESRB Teen, and has equivalent ratings in other regions, indicating it's generally suitable for players aged 12 and older due to fantasy violence.

It's crucial to distinguish between a recommended age and a legal age restriction:

  • Recommended Age: A guideline for content suitability.
  • Legal Age: A minimum age set by law for specific activities, typically related to purchasing age-restricted products (like alcohol or tobacco) or engaging in certain online services that involve data collection from minors.

Fortnite's Approach to Younger Players and Parental Consent

Epic Games, the developer of Fortnite, has specific policies in place to comply with data privacy regulations and to provide a safer experience for younger players. Rather than making it illegal for them to play, Epic focuses on parental consent for certain features.

If a player indicates they are under 13 (or their country's age of digital consent), they will be prompted to provide a parent or guardian's email address. This allows the parent or guardian to provide consent for the player to access certain features within Epic's products. This mechanism ensures that Epic Games adheres to privacy laws while still allowing younger players to enjoy the game with appropriate parental oversight.

For more details on Epic's policies regarding younger players and parental consent, you can refer to their official Parental Consent FAQ.

Key Distinctions

The table below clarifies the difference between legal prohibitions and developer policies regarding age and gaming:

Aspect Legal Prohibition (Illegal) Developer Policy (Epic Games)
Applicability Governed by national or local laws. Set by the game developer/company; relates to terms of service and data handling.
Consequences Fines, legal action, or other penalties under the law. Restriction of certain features, account limitations, or need for parental consent.
Fortnite under 12 Not illegal. Players indicating they are under 13 (or country's age of digital consent) require parental consent to access certain features.

In summary, while there are mechanisms for parental consent for younger players within Fortnite, playing the game under the age of 12 is not considered an illegal activity.