Private regulation and enforcement in the EU : finding the right balance from a citizen's perspective – the protection of minors against online harms
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Madeleine DE COCK BUNING and Linda SENDEN (eds), Private regulation and enforcement in the EU : finding the right balance from a citizen’s perspective, Oxford ; New York : Hart Publishing, 2020, pp. 295–326
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DE COCK BUNING, Madeleine, Private regulation and enforcement in the EU : finding the right balance from a citizen’s perspective – the protection of minors against online harms, in Madeleine DE COCK BUNING and Linda SENDEN (eds), Private regulation and enforcement in the EU : finding the right balance from a citizen’s perspective, Oxford ; New York : Hart Publishing, 2020, pp. 295–326 - https://hdl.handle.net/1814/70214
Abstract
We are surrounded by an omnipresent and rapidly changing digital media landscape. Media with substantial societal impact are produced and consumed more and more online, through multiple devices and distribution channels. In this global digital media arena, minors find themselves involuntarily confronted with (seriously) harmful or shocking content. It is against this backdrop that the European Commission revised its Directive on Audiovisual Media Services (AVMS Directive)[1] within its framework of the Digital Single Market.[2] The European legislature is well aware of the urgency for the creation of an effective regulatory model 296for the protection of minors against harmful audiovisual content and has tabled the protection of minors as one of its priorities.[3] To this end, the Commission has included in its Directive[4] a significant role for private actors. In this chapter we will not only look into the reasoning behind such involvement of private actors from a regulatory perspective, but also take account of the citizen’s perspective in the aim of safeguarding the protection of public interests and core values, in a search of a system that is both effective and contains responsible governance. Such a system for the protection of minors should be capable of building credibility, trust and acceptance among those affected by it. The research question for this chapter is therefore: What role do private actors play in the regulation and enforcement of the EU-wide problem of the protection of minors against (seriously) harmful audiovisual content, and how, from a citizen’s perspective, can the protection of public interests and core values be best ensured?