1. TYPES OF ICT REGULATION
SCHOOL OF LAW L 470- INFORMATION TECHNOLOGY LAW
TYPES OF ICT REGULATION
© ANDREW NKUNIKA

2. OVERVIEW OF TYPES OF REGULATION
INFORMATION AND COMMUNICATION TECHNOLOGY MAY BE REGULATED BY SEVERAL MEANS. THESE MEANS MAY BE CLASSIFIED AS FOLLOWS:
INDEPENDENT REGULATOR;
GOVERNMENT AGENCY REGULATION;
REGULATION BY DECREE;
REGULATION BY COURTS; AND
SELF REGULATION BY INDUSTRY

3. INDEPENDENT REGULATOR
THIS IS ALSO KNOWN AS INDEPENDENT PROCEDURE AND IS BEST SUITED FOR ENSURING TRANSPARENCY AND OPENNESS.
THIS REQUIRES THE UNDERSTANDING OF AN ECONOMIC ASSESSMENT. A PUBLIC PROCESS IS APPLIED IN ORDER TO REDUCE THE CHANCES OF LITIGATION UNDER THIS MECHANISM.
THE GOVERNMENT INVITES A PRIVATE OR INDEPENDENT ENTITY TO CARRY OUT THE REGULATION OF THE INDUSTRY.
THE REGULATOR, THUS FOUND, ASSESSES THE PUBLIC NEEDS AND BASES THE REGULATORY FRAMEWORK ON THIS. SUCH A REGULATOR MAY BE ACCOUNTABLE TO PARLIAMENT AND RATIFICATION OR PERMISSION TO OPERATE IS OBTAINED FROM PARLIAMENT ITSELF.

4. GOVERNMENT AGENCY
REGULATION MAY ALSO BE DONE BY AN AGENCY WHICH FORMS PART OF THE GOVERNMENT AND IS USUALLY CREATED BY LEGISLATION.
THE REGULATORY AUTHORITY DERIVES ITS POWERS FROM THE ENABLING LEGISLATION AND HAS NO INTERNAL CHECKING MECHANISM SPECIFICALLY PROVIDED FOR BY LAW BUT MERELY BY REPORTING DUTIES TO PARLIAMENT, TRIBUNALS, AUTHORITIES OR QUASI-JUDICIAL BODIES OR OTHER RELEVANT BODIES.
AN EXAMPLE OF THIS TYPE OF REGULATION IS WHERE AN AGENCY REGULATES PRICE HIKES BY + 5 UNITS. THIS IS NOT SPECIFICALLY PROVIDED FOR BY THE PRINCIPAL ACT BUT THE ACT MERELY STATES THAT A REGULATORY AUTHORITY MAY MAKE REGULATIONS.

5. DECREE
THIS MEANS OF REGULATION INVOLVES THE PASSING OF AN EDICT BY A PRESIDENT OR SOVEREIGN, WHO MAY ACT AS A SOLE REGULATOR.
THIS FORM OF REGULATION BRINGS SEVERAL PROBLEMS INCLUDING FRICTION AMONG THE ORGANS OF STATE DUE TO THE APPARENT BREACH OF SEPARATION OF POWERS. AN EXAMPLE OF THIS IS IN ZIMBABWE IN THE CASE INVOLVING ECONET AND THE GOVERNMENT OF ZIMBABWE.

6. COURTS
THE JUDICIAL PROCESS ALSO PROVIDES A MEANS OF REGULATION WHEN THE OTHER AVAILABLE MEANS FAIL.
THIS IS USUALLY A LAST RESORT AND CREATES ITS OWN PROBLEMS DUE TO A LACK OF SENSITIVITY TO THE DYNAMICS OF THE INDUSTRY.
IN SOME INSTANCES THE JUDICIAL REGULATORY PROCESS ACHIEVES THE OPPOSITE OF ITS INTENDED RESULT SUCH AS INADVERTENT CREATION OF A MONOPOLY.

7. SELF REGULATION THIS IS ALSO TERMED AS ZERO REGULATION.
HERE THE COMPETING PROVIDERS AND STAKEHOLDERS IN THE INDUSTRY DEFINE THEIR OWN MUTUAL OPERATIONAL PROCEDURES SO LONG AS THEY FALL WITHIN THE PRECINCTS OF THE LAW.
THIS METHOD IS VERY HELPFUL AND MAY BE A MEANS OF ACHIEVING REGULATORY POLICY THAT IS SENSITIVE TO INDUSTRY NEEDS.

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