From the "Protecting Children From Abusive Game Act", they clearly propose to usethe COPPA defintion:
Games targeted at those under the age of 18.
• This would be determined by subject matter, visual content, and other indicators
similar to those used to determine applicability of the Children’s Online Privacy
Protection Act (COPPA)
And from COPPA:
A Web site that is primarily directed to children should have AT LEAST TWO of the following
three factors present: Subject Matter, Presentation, and Interactivity. If a site is directed to a
mixed audience, adults and children, but has a designated children’s area that is “primarily
directed to children 12 and under” within the same URL, you should examine the children’s area
to determine whether the site is “primarily directed to children 12 and under.”
Many times, you should be able to tell from the home page whether the site is primarily directed
to children. (The term home page refers to the main web page for a business, organization,
person and is often labeled as such on the screen.) But you may need to view other pages,
indexes, or a site map if one is provided.
Subject Matter:
subject matter that is appealing to children (e.g., kids’ jokes, music, kids’ games,
video/computer games, children’s tv shows or stars, cartoon characters, sports, stories,
toys, children’s books, fantasy, children’s arts and crafts, pets, products primarily
purchased or consumed by kids like snack food or cereal)
Presentation:
a. language of the Web site such as language that is simple enough to be
understandable to children 12 and under; short, colorful descriptions; slang and pop
culture phrases (e.g., a kids’ site may be identified by such language as “kids only,”
“fun,” “free stuff,” “whatever,” “cool,” “duh,” “games,” “Ask your parents....” etc.)