should self-regulation be the starting point? 109 B.-J. Koops, et al. (Eds), Starting Points for ICT Regulation © 2006, ITeR, The Hague, and the authors Chapter 5 SHOULD SELF-REGULATION BE THE STARTING POINT? Bert-Jaap Koops, Miriam Lips, Sjaak Nouwt, Corien Prins and Maurice Schellekens 5.1 Introduction In this chapter the concept of self-regulation will be discussed as the starting point in regulating ICT-related behavior. In his book Self-Regulation in the Media Sector and European Community Law, Jorg Ukrow defines self-regulation as follows: A regulatory activity carried out by specific organizational units in order to avoid or eliminate incorrect behavior within their internal structures, or within the structures from which they operate. 1 We will take this definition as the working definition for our analysis of the starting point of self-regulation. In its most extensive form, self-regulation implies that private actors themselves implement the applicable norms and rules and, ideally, monitor compliance and enforce the rules in case of non-compliance. Self-regulation is therefore often used as an argument in proposing a system that is different from formal regulation by national governments or international regulatory bodies. However, many different forms of the concept emerged in the highly diverse areas in which self-regulatory initiatives have been implemented, varying from norms applicable to the environment, the media, and advertising, to diverse professional standards, such as those applied in the medical profession. As will be shown in this chapter, several of these forms play a role in the area of ICT as well. Some do not exclude government regulation, but are based on co-operation between official bodies and private actors. Forms are also available in which the general framework of norms has been established by means of legislation, but further details have been elaborated by the relevant sectors through, for example, codes of conduct. Self-regulation is often embraced as a highly attractive alternative to regulation by means of laws and other legislative acts. Proponents of self-regulation com- plain, for example, about the lack of flexibility of legislation and are skeptical about the feasibility of efficient and adequate ICT regulation by means of legislation. However, various imperfections and adverse consequences for the Internet are at- 1 Ukrow 1999, p. 12.