Consumer Policy Tools

Background Paper to Creating Confident Consumers

May 2003

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Publicity

Although not necessarily properly characterised as a regulatory intervention, government agencies can and do use publicity to achieve consumer policy goals. This can take a variety of forms, ranging from general consumer information and education, and information on specific issues, through to "naming and shaming" particular traders or sectors. "Naming and shaming" serves as a disincentive to poor conduct, and also as a useful consumer warning.

Publicity may also be used in conjunction with regulatory interventions such as product recalls or bans, or to protect consumer safety. In this context, public statements may be made pursuant to a statutory provision for privileged statements. This mechanism facilitates the use of publicity in appropriate circumstances by reducing the fear of civil proceedings (such as defamation) being launched as a result. [48]

[48] See, for instance, the Food Act 1981, s 37, which empowers the Director-General to publish statements relating to food or appliances for the purpose of protecting the public. Statements under s 37 are protected by qualified privilege.

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