Common use of Qualitative Clause in Contracts

Qualitative. 47 The Parties agree that ASA(B) and BCAP will also report biannually to Ofcom in relation to the following, to ensue Ofcom’s comprehensive assessment of the effectiveness of broadcast advertising regulation at the time of reporting: • Policy initiatives and activity (including in those socially important areas where few complaints may be received) – ASA(B) and BCAP will undertake initiatives in sensitive sectors and keep Ofcom informed; • Assessment of compliance in particularly contentious areas – ASA(B) and BCAP will monitor compliance in any sensitive policy sectors, and in particular public policy sectors, which may be high on the public agendas of the moment, and keep Ofcom informed; • Research undertaken (including public attitude surveys to determine the public's satisfaction with the degree and effectiveness of regulation – ASA(B) and BCAP will share the results with Ofcom of any Customer Satisfaction Surveys and Attitudes and Awareness research; • Code changes and rule reviews – BCAP will keep Ofcom informed of any upcoming proposals for either a review or a change to the BCAP Code and any external campaign aimed at changing it; • Assessment of internal performance – ASA(B) and BCAP will share the performance information with Ofcom; and • Reports to Ofcom on significant external criticisms of the regulatory regime – ASA(B) and BCAP will ensure that Ofcom is made aware of significant public affairs concerns as soon as they arise. 48 Ofcom undertakes to keep ASA(B), BCAP and ▇▇▇▇▇▇ informed through regular liaison meetings about any concerns it may have, or which have been brought to its attention, so they can be addressed at an early stage. 49 The Parties note that: • the ASA(B and NB) Annual Report is published in May of each year, reporting on the previous calendar year; and • ASA(B) Ltd and BCAP Ltd’s year end is 31 December. 50 The Parties agree that: • the ASA Annual Report will contain a section dealing with the work processes and performance of ASA(B) and BCAP. Basbof will publish a separate report; and • ASA(B) and BCAP will publish an half-year statement in October of each year, setting out their performance for the past period and their objectives and targets for the forthcoming calendar year. Performance information will update the results reported in the Annual Report for the previous year, drawing on the results for the first six months of the year. 51 The Parties agree that: • the annual reports and half-year statement will inform Ofcom’s Annual Plan and also fits with Basbof’s business planning cycle, public reporting against KPI’s therefore taking place formally at year-end and at half-year; • rolling Customer Satisfaction surveys will feed into the six-monthly public reporting (ASA Annual Report and half-year statement), covering both complainants and advertisers/broadcasters; • the interpretation of complainant satisfaction scores must take into account the extent to which complaints about broadcast advertising are not upheld; • an annual Attitude and Awareness survey will feed into the annual statement; • when considered appropriate by Ofcom, and by invitation, the Chairman of ASA(B) (and, where appropriate, the Chairman of BCAP) will attend the Ofcom Board and/or Content Board, to discuss the ASA Annual Report (in relation to ASA(B)) and/or other matters concerning advertising on Ofcom-licensed broadcast services; and • Ofcom will report, in relation to the regulation of broadcast advertising, on both ASA(B) and BCAP’s performance and its own performance in its annual report, in July of each year. 52 The Parties commit to ensure there is appropriate staffing within ASA(B), BCAP and Ofcom to deliver effective co-regulation, and that appropriate training and support is provided to those staff, as required.

Qualitative. 47 The Parties agree that 62 Additionally, ASA(B) and BCAP will also report biannually quarterly to Ofcom in relation to under the following, to ensue Ofcom’s comprehensive assessment of the effectiveness of broadcast advertising regulation at the time of reportingfollowing qualitative heads: • Policy initiatives and activity (including in those socially important areas where few complaints may be received) – 63 ASA(B) and BCAP will undertake initiatives in sensitive sectors and to keep Ofcom informed; • . Assessment of compliance in particularly contentious areas – ASA(B) and BCAP will monitor compliance in any sensitive policy sectors, and in particular public policy sectors, which may be high on the public agendas of the moment, and keep Ofcom informed; • Research undertaken (including public attitude surveys to determine the public's satisfaction with the degree and effectiveness of regulation – ASA(Bregulation) and BCAP will share the results with Ofcom of any Customer Satisfaction Surveys and Attitudes and Awareness research; • Code changes and rule reviews – 66 BCAP will keep Ofcom informed of any upcoming proposals for either a review or a change to the BCAP Code codes and any external campaign aimed at changing it; • the codes. Assessment of internal performance – 67 ASA(B) and BCAP will share the performance information with Ofcom; and • Ofcom on a quarterly basis. Reports to Ofcom on significant external criticisms of the regulatory regime – 68 As well as routine reporting, ASA(B) and BCAP will ensure that Ofcom is are made aware of significant public affairs concerns as soon as they arise. 48 Assessment Reports by Ofcom undertakes to self-regulatory system 69 Ofcom will be obliged to keep ASA(B), BCAP and ▇▇▇▇▇▇ Basbof informed through its regular liaison meetings about any concerns it may have, or which have been brought to its attention, so they that these can be addressed at an early stagestage Running the performance monitoring programme 70 A probationary period of two years shall operate from the date of implementation of the new arrangements. 49 After this time, complaint levels will be clearer and the parties will be better able to assess the volume be able to assess the volume of regulatory activity required of the self-regulatory system. During the probationary period, the Parties should take a pragmatic view of performance requirements that may turn out to be unrealistic if, for example, the level of complaints were significantly, and to a degree not currently predictable, higher in comparison with the aggregate of complaints received by the former regulators, the Independent Television Commission (‘ITC'), the Radio Authority (‘RAu') and the Broadcasting Standards Commission (‘BSC') in their final year of operation. ASA(B) should not be penalised for performance factors beyond its control. 71 Once the probationary period has expired, ASA(B) undertakes to alert Ofcom formally if quantitative targets are exceeded for two consecutive quarters. In such circumstances, Ofcom may consider initiating remedial action as described below. 72 ASA(B) will also advise Ofcom if the forecast number of complaints about advertisements carried on licensed broadcast services is more than 20% above the aggregate of such complaints received by the former ITC, RAu and BSC in 2003. In such circumstances, the Parties may discuss whether the turnaround targets need to adjusted. Performance reporting to Ofcom 73 The Parties note that: • the ASA(B and NB) ASA Annual Report is will be published in May April of each year, reporting on the previous calendar year; and • ASA(B) Ltd and BCAP Ltd’s year end is 31 December. 50 The Parties agree that: • the ASA Annual Report It will contain a section dealing with the work processes and performance of ASA(B) and BCAPBCAP and Basbof. Basbof ASA(B) Ltd and BCAP Ltd's year end will publish a separate report; and • be 31 December. 74 ASA(B) and BCAP will publish an half-year annual statement in October of each year, year setting out their its performance for the past period and their its objectives and targets for the forthcoming calendar year. Performance information will update the results reported in the Annual Report for the previous year, drawing on the results for the first six months of the year. 51 75 The Parties agree that: • the annual reports and half-year statement will inform Ofcom’s 's own Annual Plan and will also fits fit with Basbof’s the Basbof business planning cycle, public . Public reporting against the KPI’s therefore taking 's would thus take place formally at year-end and at half-year; • rolling Customer Satisfaction surveys will feed into the six-monthly public reporting (ASA Annual Report and half-year statement), covering both complainants and advertisers/broadcasters; • the interpretation of complainant satisfaction scores must take into account the extent to which complaints about broadcast advertising are not upheld; • an annual Attitude and Awareness survey will feed into the annual statement; • when considered appropriate by Ofcom, and by invitation, the Chairman of ASA(B) (and, where appropriate, the Chairman of BCAP) will attend the Ofcom Board and/or Content Board, to discuss the ASA Annual Report (in relation to ASA(B)) and/or other matters concerning advertising on Ofcom-licensed broadcast services; and • Ofcom will report, in relation to the regulation of broadcast advertising, on both ASA(B) and BCAP’s performance and its own performance in its annual report, in July of each year. 52 The Parties commit to ensure there is appropriate staffing within ASA(B), BCAP and Ofcom to deliver effective co-regulation, and that appropriate training and support is provided to those staff, as required.