Nintendo toughens content guidelines, allowing it to ban creators from using games if they leak or post content “offensive to public order and morals”

Nintendo has made key changes to its ‘Game Content Guidelines for Online Video & Image Sharing Platforms’ in a document issued today that toughens the company’s stance against leaked content on streaming platforms, giving the Japanese gaming giant the right to ban the use of future Nintendo content on a creator’s platform.

A post on Automation spotted the change and also the difference in wording between the US version of the Guidelines and the Japanese document, as highlighted in the clause below.

• US: “We reserve the right to object to any content that we believe is unlawful, infringing, inappropriate, or not in line with these Guidelines. We reserve the right to no longer allow the use of Nintendo Game Content in case of such violations.”
• Japan: “Nintendo reserves the right to take legal action against any post that is illegal or inappropriate, offensive to public order and morals, or does not comply with these guidelines. In addition, we reserve the right not to allow anyone who makes such a post to use Nintendo’s game copyrighted work in the future. (Added on 9/2/2024)”

An FAQ goes into further detail as to what Nintendo sees as the above and includes:

• Features graphic, explicit, harmful, or otherwise offensive content, including statements or actions that may be considered offensive, insulting, obscene or otherwise disturbing to others;
• Involves illegally copied or modified game software, game software produced using Nintendo’s copyrighted material without Nintendo’s authorization, or game software obtained illegally;
• Shows how to use software and/or devices that circumvent security measures deployed by Nintendo to protect against infringement of its video games and console systems, such as emulators and/or other circumvention software;
• Features unauthorized game consoles and/or software not licensed by Nintendo

Nintendo games, which have been the subject of regular leaks are also protected further by the line, “You are only permitted to use Nintendo Game Content that is generated after the game has been officially released.”

It is unclear at this stage how Nintendo would enforce a permanent ban on channels from using its content but toughening its stance on leaked footage ahead of the upcoming launch of the Switch 2 console will send a warning for those looking to capitalize on the regular leaks of its gaming catalog..

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