ENGAGING THE PUBLIC IN CODES OF PRACTICE

摘要

As governments around the world struggle to find appropriate ways of regulating the activities of digital platforms, a form of "guided self-regulation" seems to be emerging, with voluntary codes governing aspects such as the spread of disinformation as well as commercial relations between publishers and platforms. Reliance on industry schemes is not a new phenomenon. In Australia, as in other jurisdictions, governments have long recognised that in the right circumstances, self-regulation offers a pragmatic and effective alternative to the various forms of government regulation.1 However, an aspect that has received little attention is the extent to which self-regulatory schemes involve consumers and citizens in the development of codes of practice and other rules. As one of the authors has previously argued, consultation with citizens and consumers is expected of industry regulators; it should be regarded as a feature of legitimacy and responsiveness on the part of industry schemes, especially when governments effectively delegate rule-making responsibility to them.