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NUDGING FOR BETTER HEALTH: IS THERE A ROLE FOR REGULATION?

NUDGING FOR BETTER HEALTH: IS THERE A ROLE FOR REGULATION?. Associate Professor Anne-Maree Farrell Australian Research Council Future Fellow Faculty of Law, Monash University Email : a.m.farrell@monash.edu. Overview. Relationship between Nudge and Regulation

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NUDGING FOR BETTER HEALTH: IS THERE A ROLE FOR REGULATION?

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  1. NUDGING FOR BETTER HEALTH:IS THERE A ROLE FOR REGULATION? Associate Professor Anne-Maree Farrell Australian Research Council Future Fellow Faculty of Law, Monash University Email: a.m.farrell@monash.edu

  2. Overview • Relationship between Nudge and Regulation • Focus on public sector; role of state/government • Overview rather than case studies • Focus on Health: • Role of Nudges • Designing Nudge Policy • Role of Regulation • Concluding comments

  3. Nudges: What’s Not to Like? • Nudge = Influence • ‘Low cost, low pain’ • Avoidance: ‘easy and cheap’ • Less coercive, more effective • Engages both public and private sectors • Has potential appeal across the political divide

  4. Nudge v Regulation • Nudge v Regulation • Dichotomous Framing (in government policy literature) • Soft v Hard • Influence v Coercion • Low Cost v High Cost • Easy v Difficult • So is there a Role for Regulation? • Well… it depends • How we define regulation • Policy aims and objectives

  5. What Do We Mean by Regulation? A sustained and focused attempt to alter the behaviour of others according to standards and goals with the intention of producing a broadly defined outcome or outcomes, which may involve mechanisms of:- • standard setting, • information gathering • behaviour modification (see Black, 2005)

  6. Regulatory Toolbox • Definitions • Self-regulation • ‘Command and control’ • Governance • Where does nudge fit?

  7. Nudge and Regulation • What is or should be the relationship between nudge and regulation? • Options: • Separate • Part of Continuum • Nudge inappropriate • Regulation preferred

  8. Nudges and Health General Criteria • Preferences • Costs v Benefits • Public Acceptability Design Criteria: • Who the policy affects? • What type of behaviour is intended? • How the change will be achieved? UK Cabinet Office& Institute for Government, MINDSPACE, 2010)

  9. Nudges and Health • Aim: • Health-Related Behaviour Change • See Policy Design Criteria (previous slide) • Additional Factors: • Autonomy • Effectiveness • Legitimacy (see Reeves, 2009)

  10. Nudges and Health • Health: Political Context; High Media Visibility • Questions of Legitimacy Important: • Who is the choice architect? • Ethics: Autonomy, Freedom of Choice, Extent of Intervention • Disclosure, Monitoring, Transparency • Effectiveness: Design and Outcomes • Acceptability: Public and Political

  11. Regulation and Health Behavioural change for better health outcomes • Regulation as part of behavioural change toolbox • Can be direct or indirect When is hard or legally binding regulation preferred option? • Evidence shows nudge not working • Rules are known and visible • Facilitate compliance (in particular, industry) • Change structural and environmental factors • Increase government capacity to act • Protection of public health • Enhance legitimacy

  12. Concluding Comments …. • Relationship between Nudge and Regulation • Health: • Nudges • Evidence Base: Design and Outcomes • The Role of Regulation • AND REMEMBER: • It’s All About the Politics….

  13. Concluding Comments … • The Politics of Nudge

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