Under the combined approach which is envisaged, the body charged with running the self-regulatory component would tend to err on the side of caution, with the r esult that the standard applied would be more restrictive than the law required. If a code of practice is considered appropriate for the on-line services industry, it will be important to ensure that the development of a code of practice is undertaken as a fully consultative process with strong participation from industry and user groups. Opportunity could also be provided for community groups, parents, schools and law enforcement agencies to be involved in the development of any code of practice. Any code of practice that does not encourage the participation of the public in its d evelopment and administration or does not have the support of the industry it regulates will ultimately be ineffective. The ABA appears to be confusing industry codes of practice with legislative sanctions.
Service providers can develop the former in consultation with their customers.
Governments must consult widely before putting in place the lat ter. Wide consultation does not mean inviting activists and control freaks to list their requirements. It means genuine consultation, with particular attention paid to users. There is no need for such artificial constra int in a code of practice. Service providers would be likely to agree with their customers on action which would be taken to control seriously offensive communications of any kind.