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A consultation proposing an incentive-based approach to self- and co-regulation in UK communications

Background to the consultation

1.1 In performing its general duties under Section 3 of the Communications Act (the Act), Ofcom is required to promote and facilitate the development and use of effective forms of self-regulation according to Section 6(2) of the Act.

1.2 Shortly after Ofcom came into existence, a consultation was held seeking views on the criteria which Ofcom will use in promoting effective co- and self-regulation. This resulted in the publication of statement in 2004 establishing 13 different criteria to be applied by Ofcom in discharging its duties to promote and facilitate co- and self-regulation.

1.3 Ofcom has now had four years of experience in executing its statutory duties in this area as well as engaging with and observing a range of co- and self-regulatory schemes operating within the UK communications sector.

1.4 Since 2004, there has been a increasing body of knowledge in relation to the application of co- and self- outside of the communications sector and internationally.

1.5 This has taken place against backdrop of continuing technological and market convergence within the sector where the distinctions between broadcasting, telecommunications and information are blurring or disappearing at an increasing rate.

1.6 Ofcom therefore considers that it is timely to review its approach to discharging its duties in relation to promoting and facilitating appropriate forms of co- and self-regulation.

1.7 This consultation document proposes that a new approach be adopted by Ofcom when making initial assessments of when it might be appropriate to facilitate self- or co-regulation. Ofcom believes that such an approach should be done in a straightforward, consistent and objective manner in order to further the interests of the citizen and consumer

1.8 This consultation document also outlines some of the more detailed considerations that Ofcom proposes to consider after an initial assessment of the appropriateness of a co- or self-regulatory approach has been made, to design and implement a particular scheme.

1.9 Stakeholders are asked to respond to this consultation, answering the specific questions at Annex A and providing any additional comments that they may have. Ofcom welcomes suggestions for possible co- and self regulatory schemes within the UK communications sector.

The full document is available below

• Initial assessments of when to adopt self- or co-regulation [pdf]
  Full Print Version

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