Co-Regulation in the EU Media Sector
New technologies and progressive internationalisation have led to widespread and profound changes in the European Union. This development presents a challenge for the State as regulator. Various studies have already warned about the risk of traditional concepts of regulation failing and have formulated a need for new concepts and instruments, in order to augment the existing and – in part – to replace them as well.
The concept of "co-regulation", a new form of regulation (as the EU Commission’s Governance White Paper said), has already been applied in the member states and on the European level and has gained access to the Audiovisual Media Services Directive.
The study concentrates on the media offerings (press, broadcasting, online-services and interactive games), as these represent fields of application for new instruments of regulation and at the same time claim generally a cutting-edge role. The project provides an overview of existing surveys on the topic. Furthermore, measures of co-regulation in the media sector of all 25 member states and in three selected non-EU-countries were examined on the basis of a definition of co-regulation. Particularly in legal protection of minors and regulation of advertising, co-regulative approaches can be found. This mainly affects electronic media, film and computer games. Apart from insights on the effectiveness of co-regulation measures in reaching public objectives, the conformity of such measures with European legal precepts was analysed.
One result is that co-regulation in principle is suitable for the realisation of European directives. Since the effectiveness very much depends on the concrete configuration, regular evaluation is required. The survey provides templates for the advancement of existing and the introduction of new approaches. Particularly with regard to the question of transparency and participation, there are risks to which the concrete embodiment of co-regulatory concepts has to respond.
The results of the study form the basis for further research of the Institute regarding new forms of regulation, for example, governance in the social web.
Publications
Held, T., Schulz, W. (eds.) (2008): Mehr Vertrauen in Inhalte. Das Potenzial von Ko- und Selbstregulierung in den digitalen Medien [More Trust in Content – the Potential for Co- and Self-Regulation]. Berlin: Vistas (Schriftenreihe Medienforschung der Landesanstalt für Medien Nordrhein-Westfalen, 59).
Held, T. (2007): Co-Regulation in European Union Member States. In: Communications 32, pp. 415-422.
Schulz, W.; Held, T. (2007): Verfassungsrechtliche Grundsätze und Media Governance [Constitutional Principles and Media Governance]. In: P. Donges (eds.), Von der Medienpolitik zur Media Governance [From Media Politics to Media Governance]. Köln, pp. 85-102.
Schulz, W. et al. (2006): Final Report: Study on Co-Regulation Measures in the Media Sector, commissioned by the European Commission (available).
Events
- Technical briefing on the final report of the study on: „Co-Regulation Measures in the Media Sector”, 6. February 2007 in Brussels.
„Seminar 2: Presentation of the draft final report of the study on Co-Regulation Measures in the Media Sector”, 19. January 2006 in Brussels.
Presentation of the draft final report of the study on: „Co-Regulation Measures in the Media Sector”, 19. January 2006 in Brussels.
Lectures
"Co-Regulation as a Tool of Information Governance - Findings and Developments", lecture by S. Heilmann at the Universiti Kebangsaan Malaysia in Kuala Lumpur on 21 April 2011.
„European Media Regulation”, lecture by S. Dreyer at the China Education & Training Center in Hamburg on 20 and 21 July 2006.
„Co-Regulation as a Magic Wand to Guarantee Security and Safety on the Internet?”, lecture by W. Schulz at the First International Conference on Legal, Security and Privacy Issues in IT (LSPI) in Hamburg on 2 May 2006.
“Governance als demokratietheoretisches Problem?” [Governance as a Problem in the Theory of Democracy], lecture by W. Schulz and T. Held at the “Institut für Publizistikwissenschaft und Medienforschung” of the University of Zurich at the joint annual symposium of the “DGPuK-Fachgruppe “Kommunikation und Politik”” and the “DVPW-Arbeitskreis “Politik und Kommunikation” on the Topic of “Von der Medienpolitik zur Media Governance?” [From Media Politics to Media Governance?] in Zurich on 17 February 2006.
Presentation by W. Schulz, T. Held and A. Laudien of the draft final report of the study on: „Co-Regulation Measures in the Media Sector”, commissioned by the European Commission, 19. January 2006 in Brussels.
Presentation of the draft final report of the study commissioned by the European Commission on "Co-Regulation Measures in the Media Sector” by W. Schulz and A. Laudien in Brussels on 19 January 2006.
"Software Codes or Codes of Conduct", lecture by W. Schulzin the context of the Governance of Information Seminar Series, Kennedy School of Government, Harvard University in Cambridge on 5 December 2005.
"Implementation of Co-Regulation by European Law”, lecture by A. Laudien at the Seminar 2: Presentation of the draft final report of the study on „Co-Regulation Measures in the Media Sector”, on behalf of the European Commission, in Brussels on 19 January 2006.
Contact person
Hans-Bredow-Institut
Heimhuder Straße 21
D - 20148 Hamburg
Tel. +49 (0)40 45 02 17 - 0
Fax +49 (0)40 45 02 17 - 77
Researchers
Co-operation partners
Institute for European Media Law (Saarbrücken)