Abstract
This paper criticises the use of the concepts of self-regulation and command and control regulation as simplistic and often having a political function. They neglect the fact that there is a continuum of different types of regulation; they represent extremes rarely found in the real world. Moreover, regulatory regimes will be comprised of a cocktail of different regulatory approaches. The developing concept of co-regulation is likely to be more productive. It is unhelpful to attempt to draw up restrictive definitions of different types of regulation; it is much more important to assess them through the application of normative principles, including those relating to procedures, accountability, and enforcement of rights. The drafting of the Audio-Visual Media Services Directive initially made the mistake of using the narrow definitions of co- and self-regulation contained in the Interinstitutional Agreement on Better Law-Making, but amendments during the Parliamentary process have resulted in a more flexible approach better adopted to the recognition of existing co-regulatory regimes.
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Notes
Peck v United Kingdom (2003) 36 EHRR 41
See notably R v Leonard Cheshire Foundation (A Charity) [2002] 2 All ER 936; YL v Birmingham City Council [2007] UKHL 27.
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Prosser, T. Self-regulation, Co-regulation and the Audio-Visual Media Services Directive. J Consum Policy 31, 99–113 (2008). https://doi.org/10.1007/s10603-007-9055-0
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DOI: https://doi.org/10.1007/s10603-007-9055-0