This clause helps broadcasters use their purchasing power in service agreements with production companies to give television an active role in raising awareness of the climate emergency.
Why use this?
Broadcasters can use their purchasing power in service agreements with production companies to give television an active role in raising awareness of the climate emergency and as a positive role model that can change viewers’ consumer habits.
How to use this clause
Broadcaster, Script, Scripted Content, Non-Scripted Content and Programme shall be as defined in the Agreement.
Environmental Footprint means the overall negative impact on the environment of using, developing, manufacturing, procuring, selling and disposing of a particular Item or, in relation to travel, of making a particular journey, including resulting directly or indirectly from the amount of natural resources consumed, the amount of waste generated and the volume of GHG Emissions generated.
Fast Fashion Retailer means a retailer (whether online or bricks and mortar) whose business is primarily to manufacture and sell rapidly to the mass market clothing and other fashion-related items, including at lower than market average prices for those item categories.
GHG Emissions means emissions of Greenhouse Gases (GHGs).
Greenhouse Gases (GHGs) means the greenhouse gases listed in Annex A of the 1998 Kyoto Protocol to The United Nations Framework Convention on Climate Change, as may be amended from time to time, including carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), nitrogen trifluoride (NF3), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulphur hexafluoride (SF6), each expressed as a total in units of carbon dioxide equivalent (CO2e) and from all sources, categorised as scope 1, 2 and 3 emissions by The Greenhouse Gas Protocol: A Corporate Accounting and Reporting Standard, Revised Edition 2015, as updated from time to time.
Items includes but is not limited to clothing, electronics, vehicles, health and beauty products, toys, jewellery, furniture and household items.
Offset or Offsetting means the purchase of a quantity of carbon credits equal to the amount of the GHG Emissions being offset from a project in accordance with the applicable statutory regulations in [the European Union] from a project:
(i) That has been verified in accordance with [insert name of voluntary standard] or under the United Nations Framework Convention on Climate Change (UNFCCC) clean development mechanism (CDM) [or [successor/ equivalent] UNFCCC mechanism];
[(ii) Where the emissions of GHGs avoided, reduced or removed by the project are additional;
(iii) That in relation to GHG removals, employs long-lived storage methods that have a low risk of reversal over millennia;
(iv) That prioritises the removal of GHGs from the atmosphere rather than avoids or reduces third party emissions of GHGs; and
(v) That takes account of a just transition and addresses wider social and ecological goals.].
On-Screen Individuals means characters and other individuals appearing in the Programme.
Props means Items which comprise the set of the Programme and any other Items which appear on-screen.
Residual Emission means any GHG Emissions that are emitted after all reasonable efforts have been made by the [insert name of the party] to reduce GHG Emissions from all operations including value and supply chains.
Sustainable Source means a source that is certified by an accredited independent body under an internationally recognised environmental standard (including [STANDARD]) or internationally recognised body that assesses the environmental credentials of businesses (including [CERTIFICATION BODY]) as being environmentally sustainable and as not causing substantial ecological damage, including where the development, manufacture, supply and sale of a given Item: (i) minimises the consumption of natural resources and (ii) minimises waste, pollution, the emission of GHGs and deforestation.
[Drafting note: any phrase introduced by the above terms including ‘include’, ‘in particular’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.]
1. Sustainable use of Items and travel in the Programme
1.1 In relation to Scripted Content:
1.1.1 The Producer shall use reasonable efforts to ensure that, where the Script shows On-Screen Individuals needing to wear or use (as applicable) a specific Item or to undertake travel, the Programme shall show the On-Screen Individuals carrying out the following actions (and making related responsible decisions prioritising sustainability) in the following order:
(a) In relation to Items, actively discussing using the Items they already own or to which they already have access (including Items which they are able to hire or borrow from a friend, family member or other acquaintance) as a favourable alternative and not having more Items than necessary; or, in relation to travel, actively discussing more sustainable journeys or forms of travel or avoiding unnecessary travel as a favourable alternative; then
(b) If it is not possible (using reasonable efforts) to use alternative Items or to travel in the most sustainable way in the manner specified in clause 1.1.1(a), renting the Items from a third party; then
(c) If it is not possible (using reasonable efforts) to use alternative Items in the manner specified in clause 1.1.1(b), buying the Items second-hand (including from a charity shop, vintage store or other resale platform) or acknowledging that they will choose the next most sustainable form of travel or shorten their journey and try to adopt more sustainable travel habits in future; then
(d) If it is not possible (using reasonable efforts) to use alternative Items in the manner specified in clause 1.1.1(b), buying the Items new from a Sustainable Source.
1.1.2 The Producer shall ensure that Items or travels provided by a third party are not overly prominent in accordance with Section 8 (7) cl. 3 no. 3 Interstate Media Treaty. This includes, but is not limited to, highlighting a brand in a conversation through gestures or giving it more prominence than is required by the course of action.
1.1.3 Where an Item or travel is mentioned or displayed in the Programme in return for a payment or similar consideration, or the Item or travel is provided free of charge but is itself of significant value (higher than 100 Euro and at the same time 1 percent of the production costs of the Programme, but in any case if it reaches the amount of 10000 Euro), the Broadcaster ensures that the product placement is clearly marked as such in accordance with Section 8 (7) and Section 10 (1) Interstate Media Treaty. The Producer will notify the Broadcaster of such a situation.
1.1.4 In relation to specific Items or travel mentioned in the Script, if none of the steps at clause [1.1.1] are possible or (using reasonable efforts) those steps would be inconsistent with the Script, the Producer shall use reasonable efforts to ensure that the Programme shows the On-Screen Individuals explaining why more favourable options cannot be chosen and acknowledging that the relevant Items and travel do not represent sustainable options, but without disparaging or denigrating any third-party marks, products or services.
1.1.5 The Producer shall use reasonable efforts to ensure that the Programme shows the On-Screen Individuals advocating for responsible actions and decision making (including by reference to their positive environmental impacts and cost-effectiveness) reflecting the order set in clause 1.1.1 and avoiding any promotion or glamourising of any non-sustainable use of Items and travel.
1.2 In relation to Non-Scripted Content the Producer shall use reasonable efforts to ensure that, where Items or travel are being discussed or used in the Programme, including where the advantages or disadvantages of using, purchasing or gifting certain Items or making certain journeys are being discussed, the On-Screen Individuals shall without disparaging, misrepresenting their characteristics or denigrating any third-party marks, products or services:
1.2.1 Discuss the Items or journeys in their environmental context, including by reference to the Environmental Footprint of making them, where relevant, the GHG Emissions that they produce, not having more Items than necessary, the ability to repair Items when broken (rather than having to replace them), whether such Items can be recycled and the damage to the environment of disposing of them; and
1.2.2 Discuss whether the Items could be purchased from a Sustainable Source or not purchased as a new Item at all; or, in relation to travel, discuss more sustainable journeys or forms of travel or avoiding unnecessary travel as a favourable alternative.
1.3 The Producer shall ensure that in no event shall the Programme show any On-Screen Individuals purchasing or discussing the purchase of any Items from a Fast Fashion Retailer.*
1.4 The Producer shall amend or use reasonable efforts to require the relevant third party to amend the Script or the brief provided to the On-Screen Individuals to the extent necessary to comply with the provisions of this clause .
* [Drafting note: This specific exclusion could be extended to include other behaviours such as air travel or meat consumption.]
2. Sustainable use of items in the Programme
The Producer shall use reasonable endeavours to ensure that all Items used in the filming of the Programme are obtained from Sustainable Sources, if available, and, where relevant, produce (by their use or procurement) the least amount of GHG Emissions (including the use of electric vehicles where reasonably possible and not using more Items than necessary). For the purposes of this clause , Items shall include Props.
3. General Exemption
3.1 The Broadcaster agrees that the Producer shall not be required under clause 1 or 2 to:
3.1.1 Jeopardise the artistic vision or editorial relevance of the Script [or otherwise produce a Programme that is inconsistent with the Script];
3.1.2 Amend the Script in a manner which is not editorially relevant or which is inconsistent with the personalities or characterisation (as applicable) of the On-Screen Individuals; or
3.1.3 Jeopardise the health or safety of any of its employees, talent, independent contractors or anyone else engaged by it on the Programme, including by requiring the On-Screen Individuals to engage in behaviour that is unsafe.
3.2 Subject to clause 3.3, if the Producer is of the reasonable opinion that the exemption in clause 3.1 applies with respect to an obligation under clauses 1 or 2, the Producer will promptly notify the Broadcaster and the parties each agree to discuss in good faith an approach that allows the Producer to comply with clauses 1 and 2 to the maximum extent possible without adversely affecting the Programme.
3.3 [To the extent the exemption in clause 3.1 applies with respect to an obligation under the provisions of clauses 1 or 2, (i) the Producer shall Offset any Residual Emissions relating to the Actual Product Carbon Footprint [before/ within [3 months]  after] manufacture of the respective Goods pay a climate remediation fee of [EUR][ ] (or such other amount as may be agreed by the parties, acting reasonably) by way of donation to an environmental charity selected by the Broadcaster, and (ii) where the exemption relates to the use of any Item(s), the Producer shall, after use, either reuse, resell or recycle such Item(s) (or their constituent parts) or donate them to a community project, social enterprise or other charitable cause. The Producer shall provide the Broadcaster with evidence of payment of any climate remediation fee on request.]