Messy Business: Media Representations of Administrative Sanctions for Corporate Offenders

Erp, Judith van

doi:10.1111/lapo.12001

Cited by 19 publications

(11 citation statements)

References 34 publications

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“…Nisbet et al ; Kitzinger ). Here, however, the focus is on how regulatory actors, policy options, and discourses interact and appeal to the public as reflected in newspaper articles (following Almond ; Van Erp ).…”

Section: Methodsmentioning

confidence: 99%

Can the hidden hand of the market be an effective and legitimate regulator? The case of animal welfare under a labeling for consumer choice policy approach

Parker

Carey

Costa

et al. 2017

Regulation & Governance

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In Australia, labeling for consumer choice, rather than higher government regulation, has become an important strand of the policy approach to addressing food animal welfare. This paper illustrates the usefulness of “regulatory network analysis” to uncover the potentials and limitations of market‐based governance to address contentious yet significant issues like animal welfare. We analyzed the content of newspaper articles from major Australian newspapers and official policy documents between 1990 and 2014 to show how the regulatory network influenced the framing of the regulatory problem, and the capacity and legitimacy of different regulatory actors at three “flashpoints” of decisionmaking about layer hen welfare in egg production. We suggest that the government policy of offering consumers the choice to buy cage free in the market allowed large‐scale industry to continue the egg laying business as usual with incremental innovation and adjustment. These incremental improvements only apply to the 20 percent or so of hens producing “free‐range” eggs. We conclude with a discussion of when and how labeling for consumer choice might create markets and public discourses that make possible more effective and legitimate regulation of issues such as layer hen welfare.

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Section: Methodsmentioning

confidence: 99%

Can the hidden hand of the market be an effective and legitimate regulator? The case of animal welfare under a labeling for consumer choice policy approach

Parker

Carey

Costa

et al. 2017

Regulation & Governance

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“…The regulatory impacts of publicity sanctions and "naming-and-shaming" processes are also undermined by the capacity of larger offenders to utilize their resources to counter negative publicity via portrayal as legitimate equal parties in pro-business national media. At the same time, smaller businesses continue to be portrayed as "rogue traders" in consumer-oriented local media ( van Erp 2013), and regulators are portrayed as overzealous in general (Almond 2009). By discursively constructing corporate crimes as ambiguous, news media contribute to a societal climate in which corporate crime is accepted as a fact of life (Wright et al 1995;Rosoff 2007;Williams 2008), while similar acts of wrongdoing by public institutions are censured much more heavily (Greer & McLaughlin 2017).…”

Section: Ambiguities Of Social Context and Reactionmentioning

confidence: 99%

Regulation and governance versus criminology: Disciplinary divides, intersections, and opportunities

Almond

Erp

2018

Regulation & Governance

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This paper seeks to bridge the disciplinary gap between regulation and governance studies, and criminology. Based on a review of theoretical and empirical work on corporate crime, this paper argues that divergent approaches to questions of individual agency, localized variety, and political context, have drawn these two disciplines in different directions. Regulatory governance scholarship has thrived as a discipline, but has also narrowed its focus around these issues. Corporate criminology offers a means of broadening this focus by drawing attention to the normative theorizing behind the regulatory project. At the same time, however, insights drawn from regulatory governance scholarship can prompt corporate criminology to innovate by broadening the scope of its engagement beyond the sphere of traditional criminal justice. The paper argues for the development of a research agenda to sit at their intersection, to engage with the challenges that exist at the interface between criminal and regulatory law.

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“…For example, media coverage tends to narrate on the glamorous lifestyles of individual white collar criminals ( Levi, 2006 ), or to present simplistic stories about the status degradation and falling from grace of successful business people, rather than analyzing the structural underlying causes of corporate crimes, such as market flaws and lack of regulation Cavender, Gray and Miller (2010) . Also, media accounts reflect neoliberal, pro-business and anti-regulation views, by picturing regulators as overzealous ( Almond, 2009 ), by ‘cheerleading’ business ( Rosoff, 2007 ), by presenting individual white collar criminals as ‘bad apples’ rather than the corporations as ‘rotten barrels’ ( Almond, 2009 ; Leighton, 2010 ; Van Erp, 2013 ; Williams, 2008 ) and by framing corporate crimes as accidents or industrial disasters rather than purposive action ( Lynch et al, 2000 ; Machin and Mayr, 2013 ). 11 Through their discursive construction of corporate crime as ambiguous, news media are seen as contributing to a societal climate in which corporate crime is accepted as a fact of life ( Rosoff, 2007 ; Williams, 2008 ).…”

Section: Corporate Crime Filmsmentioning

confidence: 99%

Anti-cartel thrillers as a new film genre: How regulator-produced films portray and problematize cartels and communicate deterrence

Erp

2017

Crime, Media, Culture

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This article directs the ‘visual turn’ in criminology to corporate crime, a topic that has been understudied by cultural criminologists. A recent trend of corporate crime movies suggests that film can compellingly critique economic crime and unethical business cultures. This article studies how law enforcement agencies, particularly competition authorities, have connected with this trend by using film in their communicative strategy. This article introduces the emerging genre of anti-cartel enforcement thrillers: regulator-produced realistic docudramas in which fictional cartels are exposed and punished. These films’ narratives about cartel enforcement are reconstructed by studying how the films portray cartels, perpetrators and their motives, and the regulator. An analysis of four films produced in four jurisdictions demonstrates that the films deter only to the extent that the local legal and political-economic context allows: the British film reflects that country’s neoliberal ‘pro-business’ climate, while the Swedish film depicts businesses as socially responsible and the Dutch film is pragmatic rather than moralistic. Only the Australian film is explicitly punitive in its narrative as well as its imaginary, and exemplifies the persuasive potential of film in enforcement.

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Messy Business: Media Representations of Administrative Sanctions for Corporate Offenders

Cited by 19 publications

References 34 publications

Can the hidden hand of the market be an effective and legitimate regulator? The case of animal welfare under a labeling for consumer choice policy approach

Can the hidden hand of the market be an effective and legitimate regulator? The case of animal welfare under a labeling for consumer choice policy approach

Regulation and governance versus criminology: Disciplinary divides, intersections, and opportunities

Anti-cartel thrillers as a new film genre: How regulator-produced films portray and problematize cartels and communicate deterrence

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