The case for reviewing broadcasting co-regulation

Abstract

This article applies principles from the Department of Communications’ policy review of telecommunications consumer protection to broadcasting co-regulation. The Consumer Safeguards Review establishes six principles for good regulation, including that rule-making processes should ‘enable a wide range of views to be considered’. It notes that processes for developing telecommunications codes of practice are likely to lead to ‘sub-optimal’ consumer protection measures. The article draws on original empirical research to assess development of commercial television and commercial radio codes of practice, with particular emphasis on public engagement in co-regulation. It finds the broadcasting codes of practice fail to meet the principles adopted by the Department for good co-regulation. It concludes by arguing there is a pressing need for a more holistic review of communications co-regulation, as broadcasting legislation is similar to the telecommunications legislation, and there is a risk that ‘sub-optimal’ practices could be applied in attempts to regulate digital platforms.