Extending self- and co-regulation OIF 23 March 2001 Nic Green Regulatory Policy

Various routes to less regulation

Benefits of self- and co-regulation improve relevance of policy and quality of implementation: specialist skills/knowledge more flexible in face of changing markets may meet regulatory objectives at a lower cost move responsibility to meet consumer needs closer to providers encourage take-up of services through better consumer information and protection measures

The policy is appropriate regulation As competition develops, we would expect relatively more self/co-regulation but self/co-regulatory options will only be chosen if they make sense for individual initiatives NOT an indiscriminate shift to less regulation formal regulation will still be used where necessary

Drivers for policy (1) OFTEL framework for the next few years supported by general success from existing initiatives: outcomes improved through extra expertise and flexibility broad support from stakeholders, but most against large structures many against rapid OFTEL withdrawal concerns over resources of smaller players

Drivers for policy (2) changes due at EU level from individual licences to non-sector- specific laws Communications White Paper (Dec 2000) “OFCOM will have a duty to….roll back regulation promptly where increasing competition renders it unnecessary. It will encourage co-regulation and self-regulation where these will best achieve the regulatory objectives.”

Communications White Paper “we challenge the industry to come forward, even before legislation, with an effective code or codes of practice for service delivery, and with effective means of redress where service standards are not met” “OFCOM should ensure continuing and effective mechanisms for tackling illegal material on the internet, such as those being pursued under the auspices of the Internet Watch Foundation”

Statement - conclusions make self/co more effective in the short-run but without creating large structures not clear outcomes would be better likely focus co- regulation in short-term, moving to more self-regulation over time “consumer information” & “consumer protection” objectives

Statement - proposals (1) Linking up initiatives stakeholder web site: promote transparency, communication & participation residential consumer web site: information & protection outputs combined, links to elsewhere working groups models, with role definitions OFTEL guidance for self and co-regulation what level of regulation: cost-benefit analysis what OFTEL role, including monitoring

Statement - proposals (2) Promoting appropriate/effective codes of practice to implement telecoms consumer protection rules to facilitate shift to general consumer protection laws aligning with OFT approach; question of who accredits codes in telecommunications