Session 2016-17
Internet Publications
Other Bills before Parliament


 
 

Notices of Amendments: 21 November 2016                  

8

 

Digital Economy Bill, continued

 
 

Louise Haigh

 

Kevin Brennan

 

Dr Rosena Allin-Khan

 

NC7

 

To move the following Clause—

 

         

“Bill limits for all mobile phone contracts

 

(1)    

A telecommunications service provider supplying a contract relating to a hand-

 

held mobile telephone must, at the time of entering into such a contract, allow the

 

end-user the opportunity to place a financial cap on the monthly bill under that

 

contract.

 

(2)    

A telecommunications service provider under subsection (1) must not begin to

 

supply a contracted service to an end-user unless the end-user has either—

 

(a)    

requested the monthly cap be put in place and agreed the amount of that

 

cap, or

 

(b)    

decided, on a durable medium, not to put a monthly cap in place.

 

(3)    

The end-user should bear no cost for the supply of any service above the cap if

 

the provider has—

 

(a)    

failed to impose a cap agreed under subsection (2)(a);

 

(b)    

introduce, or amend, a cap following the end-user’s instructions under

 

subsection (2)(b); or

 

(c)    

removed the cap without the end-user’s instructions or has removed it

 

without obtaining the consumer’s express consent on a durable medium

 

under subsection (2).”

 


 

Louise Haigh

 

Kevin Brennan

 

Andrew Rosindell

 

Liz Saville Roberts

 

Jonathan Edwards

 

Hywel Williams

Sir Edward Leigh

Lady Hermon

Caroline Lucas

Sir Peter Bottomley

Greg Mulholland

Calum Kerr

Mr Alistair Carmichael

Dr Rosena Allin-Khan

 

NC8

 

To move the following Clause—

 

         

“Responsibility for policy and funding of TV licence fee concessions

 

After section 365(5) of the Communications Act 2003 insert—

 

“(5A)    

It shall be the responsibility of the Secretary of State to—

 

(a)    

specify the conditions under which concessions are entitled, and

 

(b)    

provide the BBC with necessary funding to cover the cost of

 

concessions,

 

    

and this responsibility shall not be delegated to any other body.”

 

Member’s explanatory statement

 

This new clause seeks to enshrine in statute that it should be the responsibility of the Government

 

to set the entitlement for any concessions and to cover the cost of such concession. This new clause


 
 

Notices of Amendments: 21 November 2016                  

9

 

Digital Economy Bill, continued

 
 

will ensure the entitlement and cost of over-75s TV licences remain with the Government. It would

 

need to be agreed with Clause 76 not standing part of the Bill.

 


 

Kevin Brennan

 

Louise Haigh

 

Dr Rosena Allin-Khan

 

NC9

 

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 utilises 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, or

 

allows to be resold or offered for resale on a secondary ticketing facility, 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.

 

(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.

 



 
 

Notices of Amendments: 21 November 2016                  

10

 

Digital Economy Bill, continued

 
 

Louise Haigh

 

Kevin Brennan

 

Dr Rosena Allin-Khan

 

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.

 


 

Louise Haigh

 

Kevin Brennan

 

Dr Rosena Allin-Khan

 

NC11

 

To move the following Clause—

 

         

“Public register of information disclosures

 

(1)    

No disclosure of information by a public authority under Part 5 shall be lawful

 

unless detailed by an entry in a public register.

 

(2)    

Any entry made in a public register under subsection (1) shall be disclosed to

 

another person only for the purposes set out in this Part.

 

(3)    

Each entry in the register must contain, or include information on—

 

(a)    

the uniform resource locator of the entry,

 

(b)    

the purpose of the disclosure,

 

(c)    

the specific information to be disclosed,

 

(d)    

the data controllers and data processors involved in the sharing of the

 

information,

 

(e)    

any exchange of letters between the data controllers on the disclosure,

 

(f)    

any other information deemed relevant.

 

(4)    

In this section, “uniform resource locator” means a standardised naming

 

convention for entries made in a public register.”

 



 
 

Notices of Amendments: 21 November 2016                  

11

 

Digital Economy Bill, continued

 
 

Louise Haigh

 

Kevin Brennan

 

Dr Rosena Allin-Khan

 

NC12

 

To move the following Clause—

 

         

“Review of the collection and use of data by government and commercial

 

bodies

 

(1)    

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

 

commission an independent review of the collection and use of data by

 

government and commercial bodies and shall lay the report of the review before

 

each House of Parliament.

 

(2)    

The review under subsection (1) shall consider—

 

(a)    

the increasing use of big data analytics and the privacy risks associated

 

with big data;

 

(b)    

the adequacy of current rules and regulations on data ownership;

 

(c)    

the collection and use of administrative data; and

 

(d)    

any other matters the Secretary of State considers appropriate.

 

(3)    

In conducting the review, the designated independent reviewer must consult—

 

(a)    

specialists in big data, data ownership and administrative data,

 

(b)    

those who campaign for citizens’ rights in relation to privacy, personal

 

information and data protection,

 

(c)    

any other persons and organisations the reviewer considers appropriate.

 

(4)    

In this section “big data analytics” means the process of examining large datasets

 

to uncover hidden patterns, unknown correlations, market trends, customer

 

preferences and other useful business information.”

 


 

Liz Saville Roberts

 

Jonathan Edwards

 

Hywel Williams

 

Louise Haigh

 

Kevin Brennan

 

Dr Rosena Allin-Khan

 

NC13

 

Parliamentary Star - white    

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.


 
 

Notices of Amendments: 21 November 2016                  

12

 

Digital Economy Bill, continued

 
 

(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

 

(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.”

 


 

Liz Saville Roberts

 

Jonathan Edwards

 

Hywel Williams

 

NC14

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Impact assessment of macro not-spot roaming

 

(1)    

Within three months of this Act coming into force, the Secretary of State must

 

commission an impact assessment of enabling a system of macro not-spot

 

roaming in the UK, and shall lay the report of the impact assessment before each

 

House of Parliament.

 

(2)    

In this section “macro not-spot roaming” means the ability for hand-held mobile

 

telephone users based in relatively large areas of non or partial broadband

 

coverage to access coverage from networks other than their own.”

 

Member’s explanatory statement

 

This new clause calls for an impact assessment of macro not-spot roaming in the UK, in line with

 

the recommendations of the British Infrastructure Group report on mobile coverage.

 


 

Kevin Brennan

 

Louise Haigh

 

Dr Rosena Allin-Khan

 

NC15

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Power to provide for a code of practice related to copyright infringement

 

(1)    

The Secretary of State may by regulations make provision for a search engine to

 

be required to adopt a code of practice concerning copyright infringement that

 

complies with criteria specified in the regulations.

 

(2)    

The regulations may provide that if a search engine fails to adopt such a code of

 

practice, any code of practice that is approved for the purposes of that search

 

engine by the Secretary of State, or by a person designated by the Secretary of

 

State, has effect as a code of practice adopted by the search engine.


 
 

Notices of Amendments: 21 November 2016                  

13

 

Digital Economy Bill, continued

 
 

(3)    

The Secretary of State may by regulations make provision—

 

(a)    

for the investigation and determination of disputes about a search

 

engine’s compliance with its code of practice,

 

(b)    

for the appointment of a regulator to review and report to the Secretary

 

of State on—

 

(i)    

the codes of practice adopted by search engines, and

 

(ii)    

compliance with the codes of practice;

 

(c)    

for the consequences of a failure by a specified search engine to adopt or

 

comply with a code of practice including financial penalties or other

 

sanctions.

 

(4)    

Regulations made under this section—

 

(a)    

may make provision that applies only in respect of search engines of a

 

particular description, or only in respect of activities of a particular

 

description;

 

(b)    

may make incidental, supplementary or consequential provision;

 

(c)    

shall be made by statutory instrument which shall be subject to

 

annulment in pursuance of a resolution of either House of Parliament.”

 

Member’s explanatory statement

 

This new clause would amend the Bill to present an opportunity for the Government to fulfil its

 

manifesto commitment to reduce copyright infringement and ensure search engines do not link to

 

the worst-offending sites. There is an absence of a specific provision in the Bill to achieve this.

 


 

Kevin Brennan

 

Louise Haigh

 

Dr Rosena Allin-Khan

 

NC16

 

Parliamentary Star - white    

To move the following Clause—

 

         

“E-book lending

 

In section 43(2) of the Digital Economy Act 2010, leave out from “limited time”

 

to “and loan.”

 

Member’s explanatory statement

 

This new clause aims to extend public lending rights to remote offsite e-book lending.

 


 

Kevin Brennan

 

Louise Haigh

 

Dr Rosena Allin-Khan

 

NC17

 

Parliamentary Star - white    

To move the following Clause—

 

         

“PSB prominence

 

(1)    

The Communications Act 2003 is amended as follows.

 

(2)    

At the end of section 310(1) add “that satisfy the qualification criteria to be set by

 

OFCOM in the code.”


 
 

Notices of Amendments: 21 November 2016                  

14

 

Digital Economy Bill, continued

 
 

(3)    

In section 310(2) leave out “OFCOM consider appropriate” and insert “required

 

by OFCOM”.

 

(4)    

In section 310(4)(a) after “programmes” insert “, including on-demand

 

programme services,”.

 

(5)    

In section 310(5)(a) after “service” insert “, including on-demand programme

 

service,”.

 

(6)    

In section 310(8)(a) after “services” insert “, including on-demand programme

 

services,”.

 

(7)    

In section 310(8)(b) after “services” insert “, including on-demand programme

 

services.”

 

Member’s explanatory statement

 

This new clause would modernise the PSB prominence regime, as recommended by Ofcom in its

 

2015 PSB Review. This proposal would extend the provisions in the Communications Act 2003

 

which currently only apply to traditional public service television channels and menus to on-

 

demand services.

 


 

Kevin Brennan

 

Louise Haigh

 

Dr Rosena Allin-Khan

 

NC18

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Listed events qualifying criteria

 

(1)    

The Broadcasting Act 1996 is amended as follows.

 

(2)    

Omit section 98(2)(b) and insert—

 

“(b)    

that the service has been watched by at least 90 per cent. of citizens in the

 

United Kingdom in the course of the preceding calendar year.”

 

(3)    

After section 98(2) insert—

 

“(2A)    

The Secretary of State may by Order amend section (2)(b) by substituting

 

a different percentage for any percentage for the time being specified

 

there.

 

(2B)    

No Order under subsection (2A) shall be made unless a draft of the Order

 

has been laid before and approved by a resolution of each House of

 

Parliament.””

 

Member’s explanatory statement

 

This new clause seeks to future-proof the listed events regime. This replaces the criterion on the

 

capability of ‘receive’ a channel with an alternative based on its actual usage over the period of a

 

year, lowers the threshold from 95% to 90%, and proposes delegating powers to the SoS to amend

 

the 90% threshold.

 



 
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Revised 22 November 2016