Apple and iPhone Developers: No First Amendment Here

While the debate about freedom of speech, games, and how the law should or should not censor the industry rages on, the folks at Apple have came to their own decision. Apps — which include some of the most creative mobile games around — aren't protected speech on Apple's platform. Don't look for the First Amendment here:

We view Apps different than books or songs, which we do not curate. If you want to criticize a religion, write a book. If you want to describe sex, write a book or a song, or create a medical app. It can get complicated, but we have decided to not allow certain kinds of content in the App Store.

App developers must abide by stricter rules than even console developers, who wouldn't dream of releasing a game with an Adults Only rating. A lot of Mature-rated games wouldn't meet Apple's standards.

Sections 14, 15, 16, and 19 of this document indicate that developers may not criticize individuals or religions, show realistic injuries, or do anything Apple decides is "objectionable": no Russian roulette or fart apps.

Apart from stylistic restrictions on violence that would strike down almost every console game from this generation, this significantly limits the topics game developers can explore. Don't look for direct satire, violence, or anything Apple declares "over the line." That freedom, apparently, is only for novelists and songwriters.

"Professional satirists" are exempt from the ban on "offensive or mean-spirited commentary" that targets individuals (but not religions). Amateurs aren't. Apple wants quality content, but they frown down their noses at homebrew developers. "We have lots of serious developers who don't want their quality Apps to be surrounded by amateur hour."

Perhaps this is why Chinatown Wars HD is available on the iPad, but restrictions remain for everyone else.

This attitude can be helpful: Google's Android Market is a bustling open-air bazaar that, compared to Apple's shiny department store, makes you rummage around for a decent experience. But Apple's model isn't encouraging to young startup companies. If a computer-programming student gets his first App approved, he should get an extra bit of credit for producing something in such a discouraging environment.

So what's the solution for game developers with something to say? They could independently release games to the few iPhone owners who have jailbroken their devices (a somewhat complicated process that removes Apple's restrictions but voids customer warranties). This eliminates the mass marketability to the huge number of iPhone owners, though.

Microsoft isn't much more permissive with their Windows Phone 7 series. Their guidelines outlaw features already in Xbox games such as decapitations, exploding body parts, and prostitution.

That leaves the Android Market. Game developers have been reluctant to jump to Android for financial reasons. But Google has only a few rules, which they rarely police, and even if developers like Gameloft prefer to keep all the profit themselves by independently distributing games, it's easy for users to install non-Market apps that don't void their warranties.

Most developers should have no trouble sticking to the rules, and it'd be foolish of Apple not to take a cut of profits from established publishers like Rockstar. But if someone new comes along with something inflammatory they want to say on a small screen — and anything you say about religion is potentially offensive to someone — they don't have much choice.

They can brave Apple's approval process and appeal rejection. If they don't want to risk wasting their time, though, they can put it straight up on the Android Market. So, if you're an aspiring handheld developer akin to Rockstar, give the cute, little robot a chance. Android needs more interesting games, anyway.

Censorship in mobile games is worrisome. But I can see why some people might think that they aren't the place for satire and transgression. Please, let me know what you think in the comments.