Coregulation, a new process of elaborating rules in the internet space
Coregulation is based upon the fact that the answer to this challenge cannot only be based on state regulation : on the internet, State regulation is sometimes overtaken by its limited geographical boundaries and its own efficiency. In fact, States, private companies and civil society share responsibility in building the rules, the challenge being now to determine how to articulate specific role of each participant.
Promoting a multi- stakeholder approach, coregulation, aims at organizing a cooperation on rights and usage issues between all players.
Through this cooperation process, the players have the opportunity to reach a consensus point on each subject, facilitating the respect of the adopted rules. It also allows to implement aside of the state regulation (rules, laws, international agreements) new means coming from self regulation like best practices, technical means, efficient networks to share information, etc.
This process does not aim at discrediting States intervention. States remain the preferred players as they are the only entities able to decide and enforce public rules.
The necessity of a multi-stakeholder approach is gaining widespread acceptance :
The white paper on European governance published by the European Commission in July 2001 contains a set of recommendations on how to enhance democracy in Europe and increase the legitimacy of the institutions. It mentions that the Commission will consider the use of coregulation under certain conditions.
The European Council’s recent declaration on Freedom of communication on the internet adopted on May 28, 2003 is urging all members States to encourage self or coregulation as regards internet content.
Moreover, the World Summit on the Information Society draft Declaration of principles calls for new forms of partnerships between governments, private sector and civil society.
