Session 2016-17
Internet Publications
Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Thursday 27 October 2016

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Public Bill Committee


 

Digital Economy Bill


 

Note

 

This document includes all amendments remaining before the Committee and

 

includes any withdrawn amendments at the end. The amendments have been

 

arranged in accordance with the Order of the Committee [11 October 2016, as

 

amended on 18 October 2016 and 20 October 2016].

 


 

Thangam Debbonaire

 

NC5

 

To move the following Clause—

 

         

“Internet pornography: requirement to prevent publication of material

 

involving persons subject to force etc

 

(1)    

It is an offence for a person to make available on the internet pornographic

 

material on a commercial basis to persons in the United Kingdom if they know or

 

ought to know that the production of the pornographic material involved

 

exploited persons.

 

(2)    

For the purposes of this section, exploited persons are persons who have been

 

induced or encouraged to appear in the pornographic material as a result of

 

exploitative conduct.

 

(3)    

Exploitative conduct means, but is not limited to—

 

(a)    

the use of force, threats (whether or not relating to violence) or any other

 

form of coercion, or

 

(b)    

any form of deception.


 
 

Notices of Amendments: 27 October 2016                  

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Digital Economy Bill, continued

 
 

(4)    

It is irrelevant where in the world the exploitative conduct takes place.

 

(5)    

For the purposes of this section, making pornographic material available on the

 

internet on a commercial basis has the same meaning as section 15(2).

 

(6)    

A person guilty of an offence under subsection (1) shall be liable, on summary

 

conviction, to imprisonment for a term not exceeding six months or a fine not

 

exceeding level 5 on the standard scale or both.”

 

Member’s explanatory statement

 

The purpose of this new clause is to make it an offence to make available pornographic material

 

on a commercial basis where it could reasonably be known that persons have been induced to

 

appear in the material by coercion, threats, force, deception, or by any other exploitative conduct.

 


 

Claire Perry

 

NC6

 

To move the following Clause—

 

         

“Requirement to cease services to non-complying persons

 

(1)    

Where the age-verification regulator has given notice to a payment-services

 

provider or ancillary service provider under section 22(1), the payment-services

 

provider or ancillary service provider must cease the service provided to the

 

person making pornographic material available in the United Kingdom.

 

(2)    

A payment-services provider or ancillary service provider who fails to comply

 

with a requirement imposed by subsection (1) commits an offence, subject to

 

subsection (3).

 

(3)    

No offence is committed under subsection (2) if the payment-services provider or

 

ancillary service provider took all reasonable steps and exercised all due diligence

 

to ensure that the requirement would be complied with.

 

(4)    

A payment-services provider or ancillary service provider guilty of an offence

 

under subsection (2) is liable, on summary conviction, to a fine.

 

(5)    

In this section “payment-services provider” and “ancillary service provider” have

 

the same meaning as in section 22.”

 

Member’s explanatory statement

 

This new clause requires payment and ancillary services to block payments or cease services made

 

to pornography websites that do not offer age-verification if they have received a notice of non-

 

compliance under section 22(1). This provision would only apply to websites outside of the UK.

 

This would enhance the enforcement mechanisms that are available under the Bill.

 



 
 

Notices of Amendments: 27 October 2016                  

3

 

Digital Economy Bill, continued

 
 

Claire Perry

 

NC7

 

To move the following Clause—

 

         

“On-demand programme services: requirement to prevent persons under the

 

age of 18 accessing pornographic material with an 18 classification certificate

 

Section 368E of the Communication Act 2003 (harmful material) is amended as

 

follows—

 

(a)    

in subsection (5)—

 

(i)    

after subsection (a) insert—

 

“(aa)    

a video work in respect of which the video

 

works authority has issued an 18 classification

 

certificate, and that it is reasonable to assume

 

from its nature was produced solely or

 

principally for the purposes of sexual arousal,”;

 

(ii)    

after subsection (b) insert—

 

“(ba)    

material that was included in a video work to

 

which paragraph (aa) applies, if it is reasonable

 

to assume from the nature of the material—

 

(i)    

that it was produced solely or

 

principally for the purposes of sexual

 

arousal, and

 

(ii)    

that its inclusion was among the reasons

 

why the certificate was an 18

 

certificate,

 

“(bb)    

any other material if it is reasonable to assume

 

from its nature—

 

(i)    

that it was produced solely or

 

principally for the purposes of sexual

 

arousal, and

 

(ii)    

that any classification certificate issued

 

for a video work including it would be

 

an 18 certificate.”

 

(b)    

in subsection (7) after “section” insert—

 

““18 certificate” means a classification certificate which—

 

(a)    

contains, pursuant to section 7(2)(b) of the Video Recordings Act 1984,

 

a statement that the video work is suitable for viewing only by persons

 

who have attained the age of 18 and that no video recording containing

 

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.

 



 
 

Notices of Amendments: 27 October 2016                  

4

 

Digital Economy Bill, continued

 
 

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.

 

(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


 
 

Notices of Amendments: 27 October 2016                  

5

 

Digital Economy Bill, continued

 
 

(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—

 

(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.”

 



 
 

Notices of Amendments: 27 October 2016                  

6

 

Digital Economy Bill, continued

 
 

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

 

(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.


 
 

Notices of Amendments: 27 October 2016                  

7

 

Digital Economy Bill, continued

 
 

(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;

 

(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.


 
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