Beyond Europe: The Internet, Regulation, and Multistakeholder Governance—Representing the Consumer Interest?

The “Internet,” as a global self-regulated and interconnected network of institutions driven by educational and subsequently commercial priorities, has evolved into an element within a broader “global information society.” Industry, treated benevolently by market-led governments, has created co- or self-regulatory institutions or compacts, but as consumers have eagerly embraced the broadband Internet the scheme of governance must embrace respect for the social and economic rights and responsibilities of consumers at national, European and global levels. This paper shows how existing divisions between public-sector, private-sector, and civil-society institutions and responsibilities have rapidly become eroded and it portrays the emerging agenda for “multistakeholder governance.” The involvement of the consumer on a more legitimised and consensual level than is permitted under industry-led regulation is as yet a novel approach, but this paper draws on case studies which demonstrate the salience of these issues to consumers as citizens, and it concludes by preparing an agenda for Information and Communications Technology (ICT) companies to adopt more sophisticated patterns of participatory co- and self-regulation.

The implementation mechanisms of voluntary food safety systems

The recent food scares have been the motivation for voluntary programmes on food safety being promoted by public authorities and voluntarily implemented by food operators. In this article, we take into account the nature of the contamination risk to investigate the complementarities between private and public mechanisms for those voluntary systems to be implemented by a firm. We show two main results. First, when the firm directly markets its products to consumers a strong mandatory threat is a sufficient condition to implement voluntary systems whatever the risk of contamination. In contrast, when the mandatory threat is weak voluntary systems should be more implemented in industries where the risk of food contamination is low (pesticide residue) than in industries where the risk of contamination is high (pathogenic contamination). Second, when the risk of food contamination is low and the firm is embedded in a supply chain where the retailer can impose its own safety system, a well-designed penalty contract will induce a voluntary implementation whatever the mandatory threat.     

From punishment to prevention: A French case study of the introduction of co-regulation in enforcing food safety

In the last decade, the concept of co-regulation has been developed and increasingly promoted as an important instrument of regulation. In the context of food safety, we examine co-regulation programs from the point of view of an enforcement agency. We develop a conceptual framework of enforcement of food safety regulation for use in assessing the degree of shift toward co-regulation from traditional approaches and apply it to a case study of the French import market for produce at Perpignan. We find that co-regulation in the enforcement of pesticide residue limits resulted in a change of practices for the regulatory agency from punishment to prevention based on incentives and information programs.     

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

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.