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Contested hybridization of regulation: Failure of the Dutch regulatory system to protect minors from harmful media

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  • Bärbel R. Dorbeck‐Jung
  • Mirjan J. Oude Vrielink
  • Jordy F. Gosselt
  • Joris J. Van Hoof
  • Menno D. T. De Jong

Abstract

The hybridization of regulatory modes and instruments is currently a popular way to improve public regulation. However, it is still unclear whether combinations of hard law and soft law, co‐regulation, and legally enforced self‐regulation really make regulation more effective. Using the analytical framework of the “really responsive regulation” approach, in this article we explore effectiveness problems in a hybrid regulatory system that tries to protect minors from harmful media. In our analysis of low compliance rates in the context of system failures, we argue that effectiveness problems seem to arise from poorly informed staff members, lack of internal and external controls, low rule enforcement, insufficient overlap between public and private interests, poor social responsibility in the Dutch media sector, deficiencies in the institutional framework, an inconsistent regulatory strategy, and inadequate responses from responsible regulators. Furthermore, based on our case study we argue that institutional dynamics of standard‐setting activities can be detrimental to regulatory goal achievement if there is no compensation at the systemic level. Ongoing “regulatory care” through control, corrective responses, and rule enforcement seems to be crucial for a hybrid regulatory system to perform well.

Suggested Citation

  • Bärbel R. Dorbeck‐Jung & Mirjan J. Oude Vrielink & Jordy F. Gosselt & Joris J. Van Hoof & Menno D. T. De Jong, 2010. "Contested hybridization of regulation: Failure of the Dutch regulatory system to protect minors from harmful media," Regulation & Governance, John Wiley & Sons, vol. 4(2), pages 154-174, June.
  • Handle: RePEc:wly:reggov:v:4:y:2010:i:2:p:154-174
    DOI: 10.1111/j.1748-5991.2010.01079.x
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    References listed on IDEAS

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    1. Baldwin, Robert & Cave, Martin & Lodge, Martin, 2011. "Understanding Regulation: Theory, Strategy, and Practice," OUP Catalogue, Oxford University Press, edition 2, number 9780199576098, December.
    2. Cutler,A. Claire, 2003. "Private Power and Global Authority," Cambridge Books, Cambridge University Press, number 9780521533973, September.
    3. Cutler,A. Claire, 2003. "Private Power and Global Authority," Cambridge Books, Cambridge University Press, number 9780521826600, September.
    4. Parker,Christine, 2002. "The Open Corporation," Cambridge Books, Cambridge University Press, number 9780521818902, September.
    5. Héritier, Adrienne & Lehmkuhl, Dirk, 2008. "The Shadow of Hierarchy and New Modes of Governance," Journal of Public Policy, Cambridge University Press, vol. 28(1), pages 1-17, April.
    6. Black, Julia, 2002. "Critical reflections on regulation," LSE Research Online Documents on Economics 35985, London School of Economics and Political Science, LSE Library.
    7. Braithwaite, John, 2006. "Responsive regulation and developing economies," World Development, Elsevier, vol. 34(5), pages 884-898, May.
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