Session 2016-17
Internet Publications
Other Bills before Parliament


 
 

Notices of Amendments: 20 October 2016                  

29

 

Digital Economy Bill, continued

 
 

that work is to be supplied to any person who has not attained that age,

 

and

 

(b)    

does not contain the statement mentioned in section 7(2)(c) of that Act

 

that no video recording containing the video work is to be supplied other

 

than in a licensed sex shop;””

 

Member’s explanatory statement

 

This new clause requires the extension of measures for UK based video on demand programming

 

to protect children from 18 material as well as R18 material.

 


 

Claire Perry

 

NC8

 

To move the following Clause—

 

         

“Duty to provide a service that excludes adult-only content

 

(1)    

This section applies to internet service providers who supply an internet access

 

service to subscribers.

 

(2)    

For the purposes of subsection (1), “subscribers” includes—

 

(a)    

domestic subscribers;

 

(b)    

schools; and

 

(c)    

organisations that allow a person to use an internet access service in a

 

public place.

 

For the purposes of the conditions in subsections (3) and (4), if the subscriber is

 

a school or organisation a responsible person within the school or organisation

 

shall be regarded as the subscriber.

 

(3)    

A provider to whom subsection (1) applies must provide to subscribers an internet

 

access service which excludes adult-only content unless all of the conditions

 

listed in subsection (4) have been fulfilled.

 

(4)    

The conditions are—

 

(a)    

the subscriber “opts in” to subscribe to a service that includes online

 

adult-only content;

 

(b)    

the subscriber is aged 18 or over; and

 

(c)    

the provider of the service has an age verification scheme which meets

 

the standards set out by OFCOM in subsection (4) and which has been

 

used to confirm that the subscriber is aged 18 or over before a user is able

 

to access adult-only content.

 

(5)    

It shall be the duty of OFCOM, to set, and from time to time to review and revise,

 

standards for the—

 

(a)    

filtering of adult content in line with the standards set out in Section 319

 

of the Communications Act 2003;

 

(b)    

age verification policies to be used under subsection (4) before an user is

 

able to access adult content; and

 

(c)    

filtering of content by age or subject category by providers of internet

 

access services.

 

(6)    

The standards set out by OFCOM under subsection (5) must be contained in one

 

of more codes.

 

(7)    

Before setting standards under subsection (5), OFCOM must publish, in such a

 

manner as they think fit, a draft of the proposed code containing those standards.

 

(8)    

After publishing the draft code and before setting the standards, OFCOM must

 

consult relevant persons and organisations.


 
 

Notices of Amendments: 20 October 2016                  

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Digital Economy Bill, continued

 
 

(9)    

It shall be the duty of OFCOM to establish procedures for the handling and

 

resolution of complaints in a timely manner about the observance of standards set

 

under subsection (5), including complaints about incorrect filtering of content.

 

(10)    

OFCOM may designate any body corporate to carry out its duties under this

 

section in whole or in part.

 

(11)    

OFCOM may not designate a body under subsection (10) unless, as respects that

 

designation, they are satisfied that the body—

 

(a)    

is a fit and proper body to be designated;

 

(b)    

has consented to being designated;

 

(c)    

has access to financial resources that are adequate to ensure the effective

 

performance of its functions under this section; and

 

(d)    

is sufficiently independent of providers of internet access services.

 

(12)    

It shall be a defence to any claims, whether civil or criminal, for a provider to

 

whom subsection (1) applies to prove that at the relevant time they were—

 

(a)    

following the standards and code set out in subsection (5),; and

 

(b)    

acting in good faith.

 

(13)    

Nothing in this section prevents any providers to whom subsection (1) applies

 

from providing additional levels of filtering of content.

 

(14)    

In this section—

 

“adult-only content” means material that contains offensive and harmful

 

material from which persons under the age of 18 are protected;

 

“age verification scheme” is a scheme to establish the age of the subscriber;

 

“internet access service” and “internet service provider” have the same

 

meaning as in section 124N of the Communications Act 2003

 

(interpretation);

 

“material from which persons under the age of 18 are protected” means

 

material specified in the OFCOM standards under section 2;

 

“OFCOM” has the same meaning as in Part 1 of the Communications Act

 

2003;

 

“offensive and harmful material” has the same meaning as in section 3 of

 

the Communications Act 2003 (general duties of OFCOM); and

 

“subscriber” means a person who receives the service under an agreement

 

between the person and the provider of the service.”

 

Member’s explanatory statement

 

This new clause places a statutory requirement on internet service providers to limit access to

 

adult content by persons under 18. It would give Ofcom a role in determining the age verification

 

scheme and how material should be filtered. It would ensure that ISPs were able to continue

 

providing family friendly filtering once the net neutrality rules come into force in December 2016.

 


 

Louise Haigh

 

Kevin Brennan

 

NC9

 

To move the following Clause—

 

         

“Review of broadband delivery UK

 

(1)    

The Secretary of State shall commission an independent evaluation of the

 

delivery of superfast broadband by Broadband Delivery UK.

 

(2)    

The evaluation under subsection (1) shall consider—


 
 

Notices of Amendments: 20 October 2016                  

31

 

Digital Economy Bill, continued

 
 

(a)    

The financial impact on customers of a single provider delivering

 

superfast broadband;

 

(b)    

Value-for-money for the taxpayer, and

 

(c)    

Competition in the delivery of superfast broadband.

 

(3)    

The Secretary of State shall lay the report of the review before each House of

 

Parliament by 1 July 2018.”

 


 

Louise Haigh

 

Kevin Brennan

 

NC10

 

To move the following Clause—

 

         

“Procurement process

 

(1)    

The Secretary of State must ensure an open procurement process is held in respect

 

of the allocation of the universal service order.

 

(2)    

(2) The Secretary of State must appoint a body to undertake an alternative dispute

 

resolution role to arbitrate in instances of disagreement over designation.”

 


 

Louise Haigh

 

Kevin Brennan

 

NC11

 

To move the following Clause—

 

         

“Power to make regulations about blocking injunctions preventing access to

 

locations on the internet

 

(1)    

The Secretary of State may by regulations make provision about the granting by

 

a court of a blocking injunction in respect of a location on the internet which the

 

court is satisfied has been, is being or is likely to be used for or in connection with

 

an activity that is contravening, or has contravened, section 15(1) of this Act.

 

(2)    

“Blocking injunction” means an injunction that requires an internet service

 

provider to prevent its service being used to gain access to a location on the

 

internet.

 

(3)    

Regulations introduced under subsection (1) above may, in particular—

 

(a)    

make provision about the type of locations against which a blocking

 

injunction should be granted;

 

(b)    

make provision about the circumstances in which an application can be

 

made for a blocking injunction;

 

(c)    

outline the type of circumstances in which the court will grant a blocking

 

injunction;

 

(d)    

specify the type of evidence, and other factors, which the court must take

 

into account in determining whether or not to grant a blocking injunction;

 

(e)    

(e) make provision about the notice, and type of notice, including the form

 

and means, by which a person must receive notice of an application for a

 

blocking injunction made against them; and


 
 

Notices of Amendments: 20 October 2016                  

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Digital Economy Bill, continued

 
 

(f)    

make provision about any other such matters as the Secretary of State

 

considers are necessary in relation to the granting of a blocking

 

injunction by the court.

 

(4)    

Regulations under this subsection must be made by statutory instrument.

 

(5)    

(5) A statutory instrument containing regulations under this section may not be

 

made unless a draft of the instrument has been laid before, and approved by a

 

resolution of, each House of Parliament.

 

(6)    

In this Part—

 

“Internet service provider” has the same meaning as in section 16 of the Digital

 

Economy Act 2010.

 

In the application of this Part to Scotland

 

“injunction” means interdict.”

 

Member’s explanatory statement

 

This new Clause empowers the Secretary of State to introduce regulations in relation to the

 

granting of a backstop blocking injunction by a court. The injunction would require an internet

 

service provider to prevent access to a site or sites which do not comply with the age-verification

 

requirements.This would only be used where the other enforcement powers (principally fines) had

 

not been effective in ensuring that sites put in place effective age-verification.

 


 

Louise Haigh

 

Kevin Brennan

 

NC12

 

To move the following Clause—

 

         

“Code of practice by age verification regulator

 

(1)    

The age verification regulator must issue a code of practice giving practical

 

guidance as to the requirements of any provision under this Part of the Act.

 

(2)    

The following persons must, in exercising their functions under this Part and in

 

the design and delivery of their products and services, adhere to the code of

 

practice, and ensure that the safety and wellbeing of children is paramount—

 

(a)    

relevant persons;

 

(b)    

internet service providers;

 

(c)    

ancillary service providers;

 

(d)    

payment-service providers; and

 

(e)    

any such other persons to whom the code of practice applies.

 

(3)    

Any code of practice issued by the age verification regulator under subsection (1)

 

above must include standards in relation to the following—

 

(a)    

how content is managed on a service, including the control of access to

 

online content that is inappropriate for children, and the support provided

 

by the service for child safety protection tools and solutions;

 

(b)    

the assistance available for parents to limit their child’s exposure to

 

potentially inappropriate content and contact;

 

(c)    

how the persons specified in subsection (2) above shall deal with abuse

 

and misuse, including the provision of clear and simple processes for the

 

reporting and moderation of content or conduct which may be illegal,

 

harmful, offensive or inappropriate, and for the review of such reports;

 

(d)    

the action which must be taken in response to child sexual abuse content

 

or illegal contact, including but not limited to, the co-operation with the

 

appropriate law enforcement authorities;


 
 

Notices of Amendments: 20 October 2016                  

33

 

Digital Economy Bill, continued

 
 

(e)    

the action to be taken by the persons specified in subsection (2) above to

 

comply with existing data protection and advertising rules and privacy

 

rights that address the specific needs and requirements of children; and

 

(f)    

the provision of appropriate information, and the undertaking of relevant

 

activities, to raise awareness of the safer use of connected devices and

 

online services in order to safeguard children, and to promote their health

 

and wellbeing.

 

(4)    

The age verification regulator may from time to time revise and re-issue the code

 

of practice.

 

(5)    

Before issuing or reissuing the code of practice the age verification regulator must

 

consult—

 

(a)    

the Relevant Minister;

 

(b)    

the Information Commissioner;

 

(c)    

the Scottish Ministers;

 

(d)    

the Welsh Ministers;

 

(e)    

the Northern Ireland Executive Committee;

 

(f)    

the persons specified in subsection (2) above;

 

(g)    

children;

 

(h)    

organisations and agencies working for and on behalf of children; and

 

(i)    

such other persons as the age verification regulator considers appropriate.

 

(6)    

As soon as is reasonably practicable after issuing or reissuing the code of practice

 

the age verification regulator must lay a copy of it before—

 

(a)    

Parliament,

 

(b)    

the Scottish Parliament,

 

(c)    

the National Assembly for Wales, and

 

(d)    

the Northern Ireland Assembly.

 

(7)    

The age verification regulator must—

 

(a)    

publish any code of practice issued under subsection (1) above; and

 

(b)    

when it revises such a code, publish—

 

(i)    

a notice to that effect, and

 

(ii)    

a copy of the revised code; and

 

(c)    

when it withdraws such a code, publish a notice to that effect.

 

(8)    

The Secretary of State may by regulations make consequential provision in

 

connection with the effective enforcement of the minimum standards in

 

subsection (3).

 

(9)    

Regulations under subsection (8)—

 

(a)    

must be made by statutory instrument;

 

(b)    

may amend, repeal, revoke or otherwise modify the application of this

 

Act;

 

(c)    

may make different provision for different purposes;

 

(d)    

may include incidental, supplementary, consequential, transitional,

 

transitory or saving provision.

 

(10)    

A statutory instrument containing regulations under subsection (8) (whether

 

alone or with other provisions) which amend, repeal or modify the application of

 

primary legislation may not be made unless a draft of the instrument has been laid

 

before and approved by a resolution of each House of Parliament.

 

(11)    

In this Part—

 

“ancillary service provider” has the meaning given by section 22(6);

 

“child” means an individual who is less than 18 years old.

 

“Information Commissioner” has the meaning given by section 18 of the


 
 

Notices of Amendments: 20 October 2016                  

34

 

Digital Economy Bill, continued

 
 

Freedom of Information Act 2000

 

“Internet service provider” has the same meaning as in section 16 of the Digital

 

Economy Act 2010.

 

“Northern Ireland Executive Committee” has the meaning given by section 20 of

 

the Northern Ireland Act 1998

 

“payment-service providers” has the meaning given by section 22(5)

 

“relevant Minister” has the meaning given by section 47(1)

 

“relevant persons” has the meaning given by section 19(3)

 

“Scottish Ministers” has the meaning given by section 44(2) of the Scotland Act

 

1998

 

“Welsh Ministers” has the meaning given by section 45 of the Government of

 

Wales Act 2006.”

 

Member’s explanatory statement

 

This new Clause gives the power to the age verification regulator to introduce a code of practice

 

for internet content providers. The code of practice would be based on existing industry and

 

regulatory minimum standards (such as the BBFC classification system) and require providers to

 

ensure that the safety and wellbeing of children is paramount in the design and delivery of their

 

products and services.

 


 

Nigel Adams

 

Kevin Brennan

 

Louise Haigh

 

NC13

 

To move the following Clause—

 

         

“Offence to use digital ticket purchasing software to purchase excessive

 

number of tickets

 

(1)    

A person commits an offence if he or she utilizes digital ticket purchasing

 

software to purchase tickets over and above the number permitted in the condition

 

of sale.

 

(2)    

A person commits an offence if he or she knowingly resells or offers to resell a

 

ticket that the person knows, or could reasonably suspect, was obtained using

 

digital ticket purchasing software and was acting in the course of a business.

 

(3)    

For the purposes of subsection (2) a person shall be treated as acting in the course

 

of a business if he or she does anything as a result of which he makes a profit or

 

aims to make a profit.

 

(4)    

A person guilty of an offence under this section shall be liable on summary

 

conviction to—

 

(a)    

imprisonment for a period not exceeding 51 weeks,

 

(b)    

a fine not exceeding level 5 on the standard scale, or

 

(c)    

both.

 

(5)    

In this section—

 

(a)    

“digital ticket purchasing software” means any machine, device,

 

computer programme or computer software that, on its own or with

 

human assistance, bypasses security measures or access control systems

 

on a retail ticket purchasing platform that assist in implementing a limit

 

on the number of tickets that can be purchased, to purchase tickets.

 

(b)    

“retail ticket purchasing platform” shall mean a retail ticket purchasing

 

website, application, phone system, or other technology platform used to

 

sell tickets.”


 
 

Notices of Amendments: 20 October 2016                  

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Digital Economy Bill, continued

 
 

(6)    

Subsections (1) and (2) shall apply in respect of anything done whether in the

 

United Kingdom or elsewhere.”

 

Member’s explanatory statement

 

This new clause creates an offence to use digital ticket purchasing software to purchase tickets for

 

an event over and above the number permitted in the condition of sale. It also creates an offence

 

to knowingly resell tickets using such software.

 


 

Kevin Brennan

 

Louise Haigh

 

NC14

 

To move the following Clause—

 

         

“Digital broadcasting and protection of listed sporting events

 

Within 12 months of this Act coming into force, the Secretary of State shall

 

commission an evaluation of the impact of developments in digital broadcasting

 

on the protection of listed sporting events for public service broadcasters, and

 

shall lay the report of the evaluation before each House of Parliament.”

 


 

Kevin Brennan

 

Louise Haigh

 

NC15

 

To move the following Clause—

 

         

“Storage of uploaded works

 

(1)    

The Electronic Commerce (EC Directive) Regulations 2002 is amended as

 

follows.

 

(2)    

After Regulation 19 (a)(ii) insert—

 

“(iii)    

does not play an active role in the storage of information including by

 

optimising the presentation of the uploaded works or promoting them.”

 

Member’s explanatory statement

 

This new clause clarifies circumstances when a digital service is deemed an active provider of

 

copyright protected content.

 



 
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Revised 20 October 2016