Statutory media self-regulation : beneficial or detrimental for media freedom?

TLDR: In the wake of the British phone hacking scandal of the News of the World, which proved some limits to the model of media self-regulation, a growing number of experts have suggested a statutory recognition of this model by law to improve its performance as discussed by the authors.

Abstract: In the wake of the British phone hacking scandal of the News of the World, which proved some limits to the model of media self-regulation, a growing number of experts have suggested a statutory recognition of this model by law to improve its performance. At first sight a statutory recognition seems an oxymoron, as the model of media self-regulation – a voluntary system of media regulation independent from public authorities – was originally developed by media professionals themselves to limit state interference in the field of media. Hence, the article explores how statutory recognition is compatible with the concept of media self-regulation. After clarifying the relationships between media regulation, self-regulation and media freedom, the article investigates whether statutory recognition is beneficial or detrimental for media freedom. To answer it, this article draws a distinction between democratic countries and countries in democratic transition. It is argued that statutory media self-regulation in non-democratic countries is problematic because of the risks of transforming self-regulation into a compulsory system controlled by political interests. In democratic countries, statutory media self-regulation can make this voluntary system more effective, for instance by limiting the number of media outlets that decide to abstain from it. However, when statutory recognition is used by state authorities not as a reward but as a punishment for media, it leans towards a two-speed protection of media professionals according to their respect for professional standards or a lack thereof, which is not compatible with the universal nature of freedom of expression.

Full text

RSCAS 2014/127
Robert Schuman Centre for Advanced Studies
Centre for Media Pluralism and Media Freedom
Statutory media self-regulation:
beneficial or detrimental for media freedom?
Adeline Hulin

European University Institute
Robert Schuman Centre for Advanced Studies
Centre for Media Pluralism and Media Freedom
Statutory media self-regulation:
beneficial or detrimental for media freedom?
Adeline Hulin
EUI Working Paper RSCAS 2014/127

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© Adeline Hulin, 2014
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Frequently asked questions

Q1. What are the contributions in "Rscas 2014/127 statutory media self-regulation: beneficial or detrimental for media freedom?" ?

At first sight a statutory recognition seems an oxymoron, as the model of media self-regulation – a voluntary system of media regulation independent from public authorities was originally developed by media professionals themselves to limit state interference in the field of media. Hence, the article explores how statutory recognition is compatible with the concept of media self-regulation. After clarifying the relationships between media regulation, self-regulation and media freedom, the article investigates whether statutory recognition is beneficial or detrimental for media freedom. To answer it, this article draws a distinction between democratic countries and countries in democratic transition. 

Q2. What future works have the authors mentioned in the paper "Rscas 2014/127 statutory media self-regulation: beneficial or detrimental for media freedom?" ?

A recent expert report on the future of media self-regulation in France ( Sirinelli, 2014: 54 ) emphasizes the dilemma: on one hand, a recognition of the system by state authorities appears as an essential pre-condition for its creation ; on the other hand, state intervention risks giving any new structure an appearance of non-independence, which could be the main reason for its failure.