Self-Governance via Intermediaries: Credibility in Three Different Modes of Governance

Abstract

Abstract This article analyzes the emergence of new forms of regulatory intermediation in three different modes of governance. It compares the emergence of the European data protection and Facebook’s content moderation regimes and raises three questions: How did self-regulation in the European data protection and Facebook’s content moderation regimes evolve over time? What are the similarities and differences in the design of these regimes? And what are the strengths and weaknesses of these regimes in promoting credible self-regulation? To answer these questions, the article process-traces the development of the two regimes and shows how intermediaries and intermediation are used in order to systematically and progressively increase credible governance via market, network, and hierarchical modes of governance. By analyzing the strengths and weaknesses of these three modes of governance, it is concluded that they can be used as blueprints for designing hybrid modes of enhanced self-regulation. In this way, the article introduces ways to capture and study new technologies of regulation that facilitate, manage, and improve the credibility of self-regulation in complex polycentric governance regimes, and well beyond.