Session 2016-17
Internet Publications
Other Bills before Parliament


 
 

1

 

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

 
 

Monday 28 November 2016

 

Report Stage Proceedings

 

Digital Economy Bill, As Amended


 

Glossary

 

This document shows the fate of each clause, schedule, amendment and new clause.

 

The following terms are used:

 

Agreed to: agreed without a vote.

 

Agreed to on division: agreed following a vote.

 

Negatived: rejected without a vote.

 

Negatived on division: rejected following a vote.

 

Not called: debated in a group of amendments, but not put to a decision.

 

Not moved: not debated or put to a decision.

 

Withdrawn after debate: moved and debated but then withdrawn, so not put to a decision.

 

Not selected: not chosen for debate by the Speaker.

 

 


 

NEW CLAUSES AND NEW SCHEDULES RELATING TO PART 3 AND SAFETY

 

RESPONSIBILITIES OF INTERNET WEBSITES; AMENDMENTS TO PART 3; NEW CLAUSES

 

AND NEW SCHEDULES RELATING TO PART 2; AMENDMENTS TO PART 2; NEW CLAUSES

 

AND NEW SCHEDULES RELATING TO PART 1; AMENDMENTS TO PART 1

 

NEW CLAUSES AND NEW SCHEDULES RELATING TO PART 3 AND SAFETY

 

RESPONSIBILITIES OF INTERNET WEBSITES

 

Secretary Karen Bradley

 

Agreed to  NC28

 

To move the following Clause—

 

         

“Age-verification regulator’s power to direct internet service providers to

 

block access to material

 

(1)    

Where the age-verification regulator considers that a person (“the non-complying

 

person”) is—

 

(a)    

contravening section 15(1), or


 
 

Report Stage Proceedings: 28 November 2016              

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Digital Economy Bill, continued

 
 

(b)    

making prohibited material available on the internet to persons in the

 

United Kingdom,

 

    

it may give a notice under this subsection to any internet service provider.

 

(2)    

The notice must—

 

(a)    

identify the non-complying person in such manner as the age-verification

 

regulator considers appropriate;

 

(b)    

state which of paragraphs (a) and (b) of subsection (1) applies;

 

(c)    

require the internet service provider—

 

(i)    

to take steps specified in the notice, or

 

(ii)    

(if no such steps are specified) to put in place arrangements that

 

appear to the provider to be appropriate,

 

    

so as to prevent persons in the United Kingdom from being able to access

 

the offending material using the service it provides;

 

(d)    

provide such information as the regulator considers may assist the

 

internet service provider in complying with any requirement imposed by

 

the notice;

 

(e)    

provide information about the arrangements for appeals mentioned in

 

section 17(4)(d);

 

(f)    

provide such further particulars as the regulator considers appropriate.

 

(3)    

The steps that may be specified or arrangements that may be put in place under

 

subsection (2)(c) include steps or arrangements that will or may also have the

 

effect of preventing persons in the United Kingdom from being able to access

 

material other than the offending material using the service provided by the

 

internet service provider.

 

(4)    

The notice may require the internet service provider to provide information

 

specified in the notice, in a manner specified in the notice, to persons in the

 

United Kingdom who—

 

(a)    

attempt to access the offending material using the service provided by the

 

provider, and

 

(b)    

are prevented from doing so as a result of steps taken, or arrangements

 

put in place, by the provider pursuant to the notice.

 

(5)    

The notice may specify the time by which the internet service provider must have

 

complied with any requirement imposed by the notice.

 

(6)    

The notice may be varied or revoked by a further notice under subsection (1).

 

(7)    

The age-verification regulator may publish, in whatever way it considers

 

appropriate, a notice given under subsection (1).

 

(8)    

It is the duty of an internet service provider to comply with any requirement

 

imposed on it by a notice under subsection (1).

 

(9)    

That duty is enforceable in civil proceedings by the age-verification regulator—

 

(a)    

for an injunction;

 

(b)    

for specific performance of a statutory duty under section 45 of the Court

 

of Session Act 1988; or

 

(c)    

for any other appropriate relief or remedy.

 

(10)    

Before giving a notice to an internet service provider under subsection (1), the

 

age-verification regulator must—

 

(a)    

inform the Secretary of State of its decision to do so, and

 

(b)    

give notice of that decision to the non-complying person under this

 

subsection.


 
 

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Digital Economy Bill, continued

 
 

(11)    

A notice under subsection (10) (other than notice of a decision to revoke a notice

 

under subsection (1)) must—

 

(a)    

where subsection (1)(a) applies—

 

(i)    

say why the regulator considers that the non-complying person

 

is contravening section 15(1), and

 

(ii)    

indicate what steps the regulator considers might be taken by the

 

non-complying person to comply with that section;

 

(b)    

where subsection (1)(b) applies, say why the regulator considers that the

 

offending material is prohibited material;

 

(c)    

indicate the circumstances in which the regulator may consider revoking

 

the notice it has decided to give under subsection (1) and the manner in

 

which the non-complying person may notify the regulator of steps taken

 

to satisfy the regulator that the notice ought to be revoked;

 

(d)    

provide information about the arrangements for appeals mentioned in

 

section 17(4)(e).

 

(12)    

In this section—

 

“the offending material”, in relation to a non-complying person, means the

 

material which the age-verification regulator considers is—

 

(a)    

being made available in contravention of section 15(1) by the

 

non-complying person; or

 

(b)    

prohibited material which the non-complying person is making

 

available on the internet to persons in the United Kingdom;

 

“prohibited material” has the meaning given in section 22(4).”

 

Member’s explanatory statement

 

This new clause enables the age-verification regulator to require internet service providers to

 

prevent persons in the United Kingdom from being able to access material on the internet where

 

it is being made available in contravention of clause 15(1) or is “prohibited material” as defined

 

in clause 22.

 


 

Secretary Karen Bradley

 

Agreed to  NC29

 

To move the following Clause—

 

         

“On-demand programme services: specially restricted material

 

(1)    

Section 368E of the Communications Act 2003 (restrictions on harmful material

 

contained in on-demand programme services) is amended as follows.

 

(2)    

In subsection (5), after paragraph (b) omit “or”.

 

(3)    

In that subsection, after paragraph (c) insert—

 

“(d)    

a video work—

 

(i)    

in respect of which the video works authority has issued

 

an 18 certificate, and

 

(ii)    

whose nature is such that it is reasonable to assume that

 

its principal purpose is to cause sexual arousal, or

 

(e)    

material whose nature is such that it is reasonable—

 

(i)    

to assume that its principal purpose is to cause sexual

 

arousal, and

 

(ii)    

to expect that, if the material were contained in a video

 

work submitted to the video works authority for a


 
 

Report Stage Proceedings: 28 November 2016              

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Digital Economy Bill, continued

 
 

classification certificate, the video works authority

 

would issue an 18 certificate.”

 

(4)    

In subsection (6), after “(5)(b)” insert “or (e)”.

 

(5)    

In subsection (7), after the definition of “the 1984 Act”, insert—

 

““18 certificate” means a classification certificate which—

 

(a)    

contains, pursuant to section 7(2)(b) of the 1984 Act, 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 the 1984 Act that no video recording

 

containing the video work is to be supplied other than in

 

a licensed sex shop;”.”

 

Member’s explanatory statement

 

Section 368E of the Communications Act 2003 prohibits an “on-demand programme service”

 

(defined in section 368A) from containing “specially restricted material” except in a manner

 

which secures that persons under the age of 18 will not normally see or hear it. This new clause

 

adds further kinds of “specially restricted material”.

 


 

Claire Perry

 

Mr David Burrowes

 

Fiona Bruce

 

Derek Thomas

 

Jeremy Lefroy

 

Caroline Ansell

Heidi Allen

Andrew Selous

Mr Iain Duncan Smith

Mrs Maria Miller

Fiona Mactaggart

Mark Durkan

Sir Jeffrey M. Donaldson

Calum Kerr

Sammy Wilson

Mr Philip Hollobone

Sir Gerald Howarth

Tom Elliott

Danny Kinahan

Jim Shannon

Gavin Robinson

Sir Peter Bottomley

Kirsten Oswald

Helen Goodman

Susan Elan Jones

Stephen Timms

Kirsten Oswald

Liz Saville Roberts

Jonathan Edwards

Hywel Williams

Drew Hendry

Madeleine Moon

Robert Flello

Flick Drummond

Carolyn Harris

 

Not called  NC1

 

To move the following Clause—

 

         

“Power to require the blocking of access to pornographic material by internet

 

service providers

 

(1)    

Where the age-verification regulator determines that a person has made

 

pornographic material available on a commercial basis on the internet to persons

 

in the United Kingdom—

 

(a)    

in contravention of section 15(1), and

 

(b)    

the person has been the subject of a financial penalty or enforcement

 

notice under section 20 and the contravention has not ceased,

 

    

the age-verification regulator may issue a notice to internet service providers

 

requiring them to prevent access to the pornographic material that is provided by

 

the non-complying person.


 
 

Report Stage Proceedings: 28 November 2016              

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Digital Economy Bill, continued

 
 

(2)    

A notice under subsection (1) must—

 

(a)    

identify the non-complying person in such manner as the age verification

 

regulator considers appropriate;

 

(b)    

provide such further particulars as the age-verification regulator

 

considers appropriate.

 

(3)    

When the age-verification regulator gives notice under this section, it must

 

inform the non-complying person, by notice, that it has done so.

 

(4)    

An internet service provider who fails to comply with a requirement imposed by

 

subsection (1) commits an offence, subject to subsection (5).

 

(5)    

No offence is committed under subsection (4) if the internet service provider took

 

all reasonable steps and exercised all due diligence to ensure that the requirement

 

would be complied with.

 

(6)    

An internet service provider guilty of an offence under subsection (4) is liable, on

 

summary conviction, to a fine.

 

(7)    

In this section “internet service provider” has the same meaning as in section

 

124N of the Communications Act 2003 (interpretation).”

 

Member’s explanatory statement

 

This new clause gives a power to the age-verification regulator to require internet service

 

providers to block pornography websites that do not offer age-verification.

 


 

Liz Saville Roberts

 

Jonathan Edwards

 

Hywel Williams

 

Not called  NC3

 

To move the following Clause—

 

         

“Safety responsibilities of social media sites

 

(1)    

This section applies to a person who operates an internet site for commercial

 

purposes which requires a user to create a personal account to fully access the

 

internet site.

 

(2)    

A person under subsection (1) must—

 

(a)    

undertake and publish an online safety impact assessment in respect of

 

their account holders,

 

(b)    

inform the police if they become aware of any threat on its internet site

 

to physically harm an individual,

 

(c)    

remove any posts made on its internet site that are deemed to be violent

 

or that could incite violence.”

 



 
 

Report Stage Proceedings: 28 November 2016              

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Digital Economy Bill, continued

 
 

Louise Haigh

 

Kevin Brennan

 

Dr Rosena Allin-Khan

 

Negatived on division  NC10

 

To move the following Clause—

 

         

“Internet pornography: requirement to teach age requirement and risks as

 

part of sex education

 

After section 403(1A)(b) of the Education Act 1996, add—

 

“(c)    

they learn about the risks and dangers of internet pornography, and the

 

legal age requirement to access internet pornography under Part 3 of the

 

Digital Economy Act 2017.””

 

Member’s explanatory statement

 

This new clause would mean that the Secretary of State would have to include in guidance to

 

maintained schools that pupils learn as part of sex education the risks and dangers of internet

 

pornography and the legal age requirement to access it, as provided for under Part 3.

 


 

Liz Saville Roberts

 

Jonathan Edwards

 

Hywel Williams

 

Louise Haigh

 

Kevin Brennan

 

Dr Rosena Allin-Khan

Drew Hendry

Calum Kerr

 

Not called  NC13

 

To move the following Clause—

 

         

“Code of practice for commercial social media platform providers on online

 

abuse

 

(1)    

The relevant Minister must issue a code of practice about the responsibilities of

 

commercial social media platform providers in dealing with online abuse.

 

(2)    

The code of practice must include guidance on—

 

(a)    

how a commercial social media platform providers shall respond to cases

 

of a person being victim of online abuse on its internet site;

 

(b)    

quality service standards expected of the commercial social media

 

platform providers in determining, assessing, and responding to cases of

 

online abuse; and

 

(c)    

the setting and enforcement of privacy settings of persons aged 17 or

 

under, where deemed appropriate.

 

(3)    

A commercial social media platform providers must comply with the code of

 

practice.

 

(4)    

The relevant Minister may from time to time revise and re-issue the code of

 

practice.

 

(5)    

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

 

the relevant Minister must lay, or arrange for the laying of, a copy of it before—

 

(a)    

Parliament,

 

(b)    

the Scottish Parliament,

 

(c)    

the National Assembly for Wales, and


 
 

Report Stage Proceedings: 28 November 2016              

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Digital Economy Bill, continued

 
 

(d)    

 the Northern Ireland Assembly.

 

(6)    

In this section “commercial social media platform providers” means a person who

 

operates an internet site on a commercial basis on which people can interact.”

 


 

Louise Haigh

 

Kevin Brennan

 

Not called  NC32

 

To move the following Clause—

 

         

“Approval of Age-verification providers

 

(1)    

Age-verification providers must be approved by the age-verification regulator.

 

(2)    

In this section an “age-verification provider” means a person who appears to the

 

age-verification regulator to provide, in the course of a business, a service used

 

by a person to ensure that pornographic material is not normally accessible by

 

persons under the age of 18.

 

(3)    

The age-verification regulator must publish a code of practice to be approved by

 

the Secretary of State and laid before Parliament.

 

(4)    

The code will include provisions to ensure that age-verification providers—

 

(a)    

perform a Data Protection Impact Assessment and make this publicly

 

available,

 

(b)    

take full and appropriate measures to ensure the accuracy, security and

 

confidentiality of the data of their users,

 

(c)    

minimise the processing of personal information to that which is

 

necessary for the purposes of age-verification,

 

(d)    

do not disclose the identity of individuals verifying their age to persons

 

making pornography available on the internet,

 

(e)    

take full and appropriate measures to ensure that their services do not

 

enable persons making pornography available on the internet to identify

 

users of their sites or services across differing sites or services,

 

(f)    

do not create security risks for third parties or adversely impact security

 

systems or cyber security,

 

(g)    

comply with a set standard of accuracy in verifying the age of users.

 

(5)    

Age-verification Providers must comply with the code of practice.

 

(6)    

To the extent that a term of a contract purports to prevent or restrict the doing of

 

any act required to comply with the Code, that term is unenforceable.”

 

 



 
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Revised 29 November 2016