Common use of Problem Stream Clause in Contracts

Problem Stream. The problem stream is where the perceptions of problems are defined. Problems are conditions and issues that matter to the public (▇▇▇▇▇▇ et al., 2015). These problems deviate from an ideal standard and governments should therefore act to resolve these issues such as climate change. However, many problems deviate from an ideal standard. ▇▇▇▇▇▇▇ (1995) describes a process in which the problems can become more prominent and coupled with the other streams. These parameters are indicators, focusing events and feedback. The purpose of these parameters is to attract attention from policymakers. The first parameter is indicators. Indicators are used in a specific area to heighten attention to a specific problem. For instance, environmental indicators, such as the number of wildfires in California in a certain year or the number of environmental regulations made which cripple the fossil-fuel industry. Indicators can thus determine the presence of a problem and its weight. The second parameter in the problem stream is focusing events. ▇▇▇▇▇▇▇▇ (1998) argues that a focusing event is a harmful or potentially harmful event. Focusing events harm certain communities and can mobilize interest groups (▇▇▇▇▇▇▇▇, 1998). These interest groups (e.g. the media, policy entrepreneurs or the public) strive to increase the attention towards certain problems and advocate for policy change. These groups can argue that the current policies are considered to be policy failures and should therefore be changed (▇▇▇▇▇▇▇▇, 1998: ▇▇▇▇▇▇, 2009). Focusing events are thus considered to be (sudden) crises that place pressure on policymakers to act and resolve the issue (▇▇▇▇▇▇ et al., 2015: ▇▇▇▇▇▇▇, 1995: ▇▇▇▇▇▇▇▇, 1998). An example could be the recent snowstorm in Texas which crippled the state and showed policy failures regarding the power grid in Texas. Another example could be the Climate Action Plan of the Obama administration. When ▇▇▇▇▇ announced the Climate Action Plan, Republicans and the fossil-fuel industry lobby, mobilized their communities to oppose the Plan. They argued that the Climate Action Plan would be a policy failure and would unnecessarily harm the US economy (Dayaratna et al., 2016: ▇▇▇▇▇▇▇▇▇, 2015). Furthermore, they stated that the proposed regulations in the plan would cost billions of dollars with almost no benefits in return (▇▇▇▇▇▇▇▇▇ et al., 2016: ▇▇▇▇▇▇, 2015). The last parameter in the problem stream is feedback. There may be feedback within existing programs and policies that may direct the attention towards certain conditions and issues. For instance, the previously mentioned Climate Action Plan of the Obama administration had a 2- year evaluation program (▇▇▇▇▇▇▇▇▇, 2013: ▇▇▇▇▇▇▇▇▇, 2015). These can come in the form of evaluations by policymakers and bureaucrats or feedback received by the public (▇▇▇▇▇▇, 2009). Furthermore, unintentional results of policies can also come to light via feedback. For instance, the EU subsidized bio-fuels (e.g. palm oil) as they considered them to be an environmentally friendly alternative to fossil fuels (▇▇▇▇▇▇, 2019: ▇▇▇▇▇▇▇, 2019). However, as it turned out these bio-fuels were not environmentally friendly as they replaced the problem elsewhere, being Indonesia and Malaysia. Meaning, that the feedback received by the EU led to a stop in subsidies in bio-fuels as this undermined the goal of the programme which was stopping climate change (▇▇▇▇▇▇▇▇▇▇, 2018). ▇▇▇▇▇▇▇ (1995) argues that the significance of a problem depends on policymakers perception and definition of these problems. Perception is key in understanding the problem stream. The parameters above are prone to perception, making them not objective problems (▇▇▇▇▇▇, 2009). ▇▇▇▇▇▇ (2009) argues that the debate is not about the problem, but if it is the government’s responsibility to act on the problem. The framing of a problem can depend on an actors ideology (▇▇▇▇▇▇, 2009: ▇▇▇▇▇▇▇▇▇▇▇ & ▇▇▇▇▇, 1993). If it is framed as a problem, actors can increase attention and mobilise their group to persuade policymakers to take (their preferred) actions. However, actors can also decide to decrease attention or shift the attention towards another problem (e.g. shifting the debate from environmental to economical). According to ▇▇▇▇▇▇▇▇ (2015), The problem stream has been underexposed in ▇▇▇▇▇▇▇’▇ MSF. ▇▇▇▇▇▇▇▇ (2015) argues that the role of the media and how they frame problems are underdeveloped in the framework. Furthermore, the media landscape has drastically changed since the creation of the MSF in 1984. Especially the role of television and the establishment of a 24/7 news cycle. The media is a pivotal actor in the agenda-setting stage of policy (Knaggard, 2015: ▇▇▇▇▇, ▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇▇▇, 2013). Knaggard (2015) also introduces the “problem broker” (p. 452). The problem broker in the problem stream frames public problems that suit the policy makers. She calls it a strategic act as: “framing a condition as a public problem is done with the purpose of making policy makers accept it and, in the end, do something about it” (Knaggard, 2015, p. 452). This study will argue that the media (i.e. Fox News) plays this role for the Republican Party (i.e. the policymakers). ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇-▇▇▇▇▇▇ and ▇▇▇▇▇▇▇▇▇▇▇ (2012) researched the portrayal of climate change in US media outlets (Fox News, MSNBC and CNN). They stated that the programs on Fox News vigorously denied man-made climate change and disputed the scientific consensus on climate change. Furthermore, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇ (2014) argue that the citizens that watch Fox News, tend to distrust scientist and the scientific consensus on man-made climate change. Therefore, this thesis will pay more attention to how Fox News portrays the problem and argue that they play a significant part in framing problems in the stream. Ideally, the two political parties in the US fight for the attention of the media outlets. The journalists at the media outlets sort through what they believe is important and what is partisan. This phenomenon is called gatekeeping and is a fundamental role of the media outlets (Schwalbe, Silcock & ▇▇▇▇▇▇▇▇, 2015). However, in the US, Fox News plays a different role (▇▇▇▇▇▇▇, 2017: ▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ & ▇▇▇▇, 2021). Fox News was founded by a Republican political operative, ▇▇▇▇▇ ▇▇▇▇▇ (▇▇▇▇▇▇▇, 2017: ▇▇▇▇▇▇, 2017). ▇▇▇▇▇ wanted to launch a Republican News network and in the process “ avoid the censorship, the priorities and the prejudices of network news selectors” (Ailes, 1968, p.

Problem Stream. The problem stream is where the perceptions of problems are defined. Problems are conditions and issues that matter to the public (▇▇▇▇▇▇ et al., 2015). These problems deviate from an ideal standard and governments should therefore act to resolve these issues such as climate change. However, many problems deviate from an ideal standard. ▇▇▇▇▇▇▇ (1995) describes a process in which the problems can become more prominent and coupled with the other streams. These parameters are indicators, focusing events and feedback. The purpose of these parameters is to attract attention from policymakers. The first parameter is indicators. Indicators are used in a specific area to heighten attention to a specific problem. For instance, environmental indicators, such as the number of wildfires in California in a certain year or the number of environmental regulations made which cripple the fossil-fuel industry. Indicators can thus determine the presence of a problem and its weight. The second parameter in the problem stream is focusing events. ▇▇▇▇▇▇▇▇ (1998) argues that a focusing event is a harmful or potentially harmful event. Focusing events harm certain communities and can mobilize interest groups (▇▇▇▇▇▇▇▇, 1998). These interest groups (e.g. the media, policy entrepreneurs or the public) strive to increase the attention towards certain problems and advocate for policy change. These groups can argue that the current policies are considered to be policy failures and should therefore be changed (▇▇▇▇▇▇▇▇, 1998: ▇▇▇▇▇▇, 2009). Focusing events are thus considered to be (sudden) crises that place pressure on policymakers to act and resolve the issue (▇▇▇▇▇▇ et al., 2015: ▇▇▇▇▇▇▇, 1995: ▇▇▇▇▇▇▇▇, 1998). An example could be the recent snowstorm in Texas which crippled the state and showed policy failures regarding the power grid in Texas. Another example could be the Climate Action Plan of the Obama administration. When ▇▇▇▇▇ announced the Climate Action Plan, Republicans and the fossil-fuel industry lobby, mobilized their communities to oppose the Plan. They argued that the Climate Action Plan would be a policy failure and would unnecessarily harm the US economy (Dayaratna et al., 2016: ▇▇▇▇▇▇▇▇▇, 2015). Furthermore, they stated that the proposed regulations in the plan would cost billions of dollars with almost no benefits in return (▇▇▇▇▇▇▇▇▇ et al., 2016: ▇▇▇▇▇▇, 2015). The last parameter in the problem stream is feedback. There may be feedback within existing programs and policies that may direct the attention towards certain conditions and issues. For instance, the previously mentioned Climate Action Plan of the Obama administration had a 2- year evaluation program (▇▇▇▇▇▇▇▇▇, 2013: ▇▇▇▇▇▇▇▇▇, 2015). These can come in the form of evaluations by policymakers and bureaucrats or feedback received by the public (▇▇▇▇▇▇, 2009). Furthermore, unintentional results of policies can also come to light via feedback. For instance, the EU subsidized bio-fuels (e.g. palm oil) as they considered them to be an environmentally friendly alternative to fossil fuels (▇▇▇▇▇▇, 2019: ▇▇▇▇▇▇▇, 2019). However, as it turned out these bio-fuels were not environmentally friendly as they replaced the problem elsewhere, being Indonesia and Malaysia. Meaning, that the feedback received by the EU led to a stop in subsidies in bio-fuels as this undermined the goal of the programme which was stopping climate change (▇▇▇▇▇▇▇▇▇▇, 2018). ▇▇▇▇▇▇▇ (1995) argues that the significance of a problem depends on policymakers perception and definition of these problems. Perception is key in understanding the problem stream. The parameters above are prone to perception, making them not objective problems (▇▇▇▇▇▇, 2009). ▇▇▇▇▇▇ (2009) argues that the debate is not about the problem, but if it is the government’s responsibility to act on the problem. The framing of a problem can depend on an actors ideology (▇▇▇▇▇▇, 2009: ▇▇▇▇▇▇▇▇▇▇▇ & ▇▇▇▇▇, 1993). If it is framed as a problem, actors can increase attention and mobilise their group to persuade policymakers to take (their preferred) actions. However, actors can also decide to decrease attention or shift the attention towards another problem (e.g. shifting the debate from environmental to economical). According to ▇▇▇▇▇▇▇▇ (2015), The problem stream has been underexposed in ▇▇▇▇▇▇▇’▇ MSF. ▇▇▇▇▇▇▇▇ (2015) argues that the role of the media and how they frame problems are underdeveloped in the framework. Furthermore, the media landscape has drastically changed since the creation of the MSF in 1984. Especially the role of television and the establishment of a 24/7 news cycle. The media is a pivotal actor in the agenda-setting stage of policy (Knaggard, 2015: ▇▇▇▇▇, ▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇▇▇, 2013). Knaggard (2015) also introduces the “problem broker” (p. 452). The problem broker in the problem stream frames public problems that suit the policy makers. She calls it a strategic act as: “framing a condition as a public problem is done with the purpose of making policy makers accept it and, in the end, do something about it” (Knaggard, 2015, p. 452). This study will argue that the media (i.e. Fox News) plays this role for the Republican Party (i.e. the policymakers). ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇-▇▇▇▇▇▇ and ▇▇▇▇▇▇▇▇▇▇▇ (2012) researched the portrayal of climate change in US media outlets (Fox News, MSNBC and CNN). They stated that the programs on Fox News vigorously denied man-made climate change and disputed the scientific consensus on climate change. Furthermore, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇Myers, ▇▇▇▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇ (2014) argue that the citizens that watch Fox News, tend to distrust scientist and the scientific consensus on man-made climate change. Therefore, this thesis will pay more attention to how Fox News portrays the problem and argue that they play a significant part in framing problems in the stream. Ideally, the two political parties in the US fight for the attention of the media outlets. The journalists at the media outlets sort through what they believe is important and what is partisan. This phenomenon is called gatekeeping and is a fundamental role of the media outlets (Schwalbe, Silcock & ▇▇▇▇▇▇▇▇, 2015). However, in the US, Fox News plays a different role (▇▇▇▇▇▇▇, 2017: ▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ & ▇▇▇▇, 2021). Fox News was founded by a Republican political operative, ▇▇▇▇▇ ▇▇▇▇▇ (▇▇▇▇▇▇▇, 2017: ▇▇▇▇▇▇, 2017). ▇▇▇▇▇ wanted to launch a Republican News network and in the process “ avoid the censorship, the priorities and the prejudices of network news selectors” (Ailes, 1968, p.