Self-regulation, Co-regulation and the Audio-Visual Media Services Directive

摘要

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.