Should Regulators Shame Companies into Compliance?
The Regulatory Review (University of Pennsylvania Law School) (Sep. 18, 2019)
4 Pages Posted: 15 Oct 2019
Date Written: September 18, 2019
In the internet age, shaming individuals on social media and other online platforms for their behavior has become very common, especially in the #MeToo era. People shame others for all kinds of behaviors, such as parking in handicap spots, or just for being overweight (“fat shaming”). Some people consider such shaming immoral, undemocratic, and disproportionate, although others believe that it can serve as an effective and legitimate civilian deterrent of undesirable behavior.
A new kind of shaming is now gaining momentum in an entirely different context: regulatory shaming. Regulatory shaming refers to the publication by administrative agencies of negative information about regulated private bodies, mostly corporations, in order to further public-interest goals.
Keywords: regulation, shaming, social media, telecommunication, internet, administrative law, regulatory agencies, OSHA, FDA, enforcement, information, disclosure, corporate social responsibility, deterrence
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