Mastercard has not evaluated any game or required restrictions of any activity on game creator sites and platforms, contrary to media reports and allegations.
Our payment network follows standards based on the rule of law. Put simply, we allow all lawful purchases on our network. At the same time, we require merchants to have appropriate controls to ensure Mastercard cards cannot be used for unlawful purchases, including illegal adult content.
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Seth Eisen
You would think, but I believe the law(s) require verification of a photo ID. I haven’t looked too closely into the UK one, but the way the laws are written for a couple of the US states a credit card doesn’t meet the requirements. There’s also the fact that many of the preview images and videos for porn games on Steam show nudity and/or sex and you can access those without needing to purchase the game (just the birthday question to “verify” your age).
Edit: also steam gift cards are a thing, so you can purchase without using a credit card technically.
If you need to be 18 to own a credit card, then you’re old enough to buy those games. And buying with steam gift card doesn’t involve MasterCard or Visa for that payment, so it’s literally none of their business.
So that’s kind of missing the point. First as I pointed out you don’t actually have to buy anything to see the explicit preview images, so Steam is arguably in violation of those laws. Secondly the issue is that the Visa and Mastercard contracts require companies to be in compliance with local laws. It doesn’t matter whether someone is using a Visa or Mastercard to make the actual payment if the purchase would technically be considered illegal (which it arguably could be in some states/countries under the new super strict porn laws).
At the end of the day this boils down to a) terms of the Visa/Mastercard contracts, and possibly b) new anti-porn laws that are putting an onerous burden on services to collect customers IDs in order to prove age. This isn’t a question of common sense, in contract law (and law in general) it’s about the letter of it and not so much the spirit. Yes, it stands to reason that if you legally own a credit card, and you must be at least 18 to own a card, then you are obviously 18 or older. However that doesn’t matter at all when the laws are written such that services must validate age using a photo ID. It also does not account for stolen credit cards (never mind that that’s a far more serious situation than the possibility of under age kids seeing some naughty pixels).
This whole situation is stupid and Visa and Mastercard clearly need to make some changes to their terms and conditions, but until they do from a legal standpoint businesses like Valve and Itch.io have their hands tied.
You’re right, I didn’t take account of the possibility that they can cancel your contract if you have anything “illegal” on your platform. I was only relating to MasterCards statement:
in context of “you have to be 18 or older to buy it”. Juristic semantics can change that.