IRIS Special: Co-Regulation of the Media in Europe

Introduction

In addition to the question of which media and services should be regulated and to what extent, the regulatory apparatus itself has been a topic of debate for some time now. The discussion has particularly centred on the possibility, either alongside or instead of traditional legislation (parliamentary acts, ordinances, directives, etc), of introducing "alternative" forms of regulation. Self-monitoring, self-regulation and co-regulation are examples of these alternative types of regulation, the boundaries between which are difficult to define. This IRIS Special focuses in particular on co-regulation.

This publication explains co-regulation, offers current examples of its use and discusses possible areas in which it may be applied. It describes the characteristics and legal requirements of co-regulation, as well as the chances and risks associated with it.

Any discussion of co-regulation should take into account the current debate over what criteria should be met by the content of audiovisual regulation. Acceptance, competence, flexibility, harmonisation, simplification, legal certainty and speed are just a few key concepts which come to mind and which are discussed in the report.

As well as practical demands, the publication considers how co-regulation can be brought in from a technical point of view. In particular, the interfaces between traditional and alternative methods of regulation are explained in concrete terms, with reference to existing European regulatory instruments.

Four questions form a central theme throughout the various articles: Is there already a legal framework for co-regulation? Are there good or bad examples of its use? What tools are needed for this and who is in charge of them? Consideration is also given to possible differences between national and supranational co-regulation and to whether there is a need for a European framework for co-regulation.

We cannot expect to find conclusive answers to many of these questions. The publication offers sound knowledge and current examples which make co-regulation easier to understand and contribute constructively to the co-regulation debate.

The information presented in this IRIS Special was gathered at a workshop on the theme of "Co-regulation of the Media in Europe", held in September 2002 at the European University Institute in Florence. The different parts of the publication reflect various stages of preparations for and follow-up to the workshop, as well as some elements presented at the event itself. They are supplemented with a selection of background material and information about the workshop.

The Observatory is doubly grateful to every one of the workshop participants: firstly, for their excellent contributions to this IRIS Special and secondly for their willingness to share them with the public in this way. Our sincere thanks also go to our two partner institutions, the Institute of European Media Law (EMR) in Saarbrücken and the Institute for Information Law (IViR) in Amsterdam. They not only co-organised the workshop with the Observatory, but each also produced one of the two expert reports found at the beginning of this IRIS Special. Last but not least, we thank the European University Institute in Florence for its superb logistical support.

Wolfgang Closs, Executive Director
Susanne Nikoltchev, Head of the Legal Information Department