Optimal conditions for effective self- and co-regulatory arrangements
This occasional paper considers the conditions that are likely to lead to effective and efficient regulation, particularly in relation to industry self- and co-regulatory arrangements in which the ACMA has a role. The paper aims to contribute to broader debate about effective regulatory tools. Recent experience by the ACMA in code development and review processes has raised broader interest in the non-regulatory, regulatory or self-regulatory approaches that are best suited to addressing particular kinds of issues. The emerging challenges include rapidly changing industries, technologies, services and areas of consumer concern which are placing pressures on sector-based regulation.
Based on research and the ACMA’s experience in administering self- and co-regulatory arrangements in the broadcasting, telecommunications and internet sectors, there are ten ‘optimal conditions’ identified which influence the effective operation of self- and co-regulatory arrangements. This paper outlines how these ten ‘optimal conditions’ form an assessment framework for considering appropriate regulatory responses for specific circumstances.
The ACMA proposes to use the ‘optimal conditions’ framework as a high-level diagnostic tool to help inform the establishment of new industry self- or co-regulatory arrangements, and in the ongoing review of existing arrangements.
The paper ‘Optimal conditions for effective self- and co-regulatory arrangements’ is one in a series of occasional papers exploring current issues in regulation. The ACMA’s occasional papers form part of its ongoing research program, which is designed to ensure the ACMA meets its statutory reporting and advisory obligations and to assist the ACMA in making decisions as an evidence-informed regulator.