ACCAN believes it's time to get smart about regulation in the communications sector by putting consumers first in the regulatory equation.  ACCAN has published a report by the Communications Law Centre, University of Technology Sydney titled Consumers First: Smart Regulation for Digital Australia that investigates a principles-based approach to regulation. ACCAN commissioned this report to drive debate about the most effective way to reform the sector.

To ACCAN, smart regulation is about entrenching consumer rights at the centre of communications policy, and holding service providers accountable for minimum benchmarks of customer service while allowing them flexibility to innovate.

Smart regulation is also about looking to the future where telecommunications, the Internet and other areas are converging, and ensuring that consumers are central to regulation across the economy.

The Communications Law Centre Report proposes a comprehensive top-down approach to regulation built around principles and outcomes, with clear mandatory codes and standards in place to fortify and support them. This differs from the current system which consists entirely of complex, prescriptive rules.

The high-level principles proposed in the Report say businesses should treat their customers fairly, respect their privacy, provide accurate, clear information on product and services from the point of advertising to after sales service; and when problems occur, resolve disputes quickly and fairly.

Importantly, smart regulation only works if the regulators have the right enforcement tools, processes and culture. The Report recommends a dedicated consumer protection body with a full pyramid of enforcement actions. It would have access to business complaints data and ability to audit, and engage in a continuous conversation with stakeholders to ensure businesses are focusing on good consumer outcomes and clearly understand their responsibilities.

The Report puts forth a number of detailed recommendations for the ACMA, TIO and policy makers for more broad adoption of principles-based regulation and also presents recommendations for increasing the ACMA’s powers in a reformed regulatory system.

The Report feeds directly into the current review of the Telecommunications Protection Code. The TCP Code Working Steering Group is exploring the use of a principles-based approach in its aims to produce a code that is a much improved regulatory tool. The Report will also directly contribute to emerging and future regulatory discussions.

Smart regulation -- ACCAN supports an approach that puts consumers first to deliver outcomes that benefit consumers and help businesses to deliver good service.