Session 2016-17
Internet Publications
Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Thursday 24 November 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

 

Consideration of Bill (Report Stage)


 

Digital Economy Bill, As Amended


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in the

 

order in which they relate to the Bill.

 


 

New Clauses

 

Secretary Karen Bradley

 

NC28

 

Parliamentary Star - white    

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

 

(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;


 
 

Notices of Amendments: 24 November 2016                  

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Digital Economy Bill, continued

 
 

(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.

 

(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


 
 

Notices of Amendments: 24 November 2016                  

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Digital Economy Bill, continued

 
 

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

 

NC29

 

Parliamentary Star - white    

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

 

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


 
 

Notices of Amendments: 24 November 2016                  

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Digital Economy Bill, continued

 
 

(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

Liz Saville Roberts

Jonathan Edwards

Hywel Williams

Drew Hendry

Madeleine Moon

Robert Flello

Flick Drummond

Carolyn Harris

 

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.

 

(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).


 
 

Notices of Amendments: 24 November 2016                  

5

 

Digital Economy Bill, continued

 
 

(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

 

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.”

 


 

Louise Haigh

 

Kevin Brennan

 

Dr Rosena Allin-Khan

 

Drew Hendry

 

Calum Kerr

 

NC5

 

To move the following Clause—

 

         

“Personal data breaches

 

(1)    

The Data Protection Act 1998 is amended as follows.

 

(2)    

After section 24 insert—

 

“24A  

Personal data breaches: notification to the Commissioner

 

(1)    

In this section, section 24B and section 24C “personal data breach”

 

means unauthorised or unlawful processing of personal data or accidental

 

loss or destruction of, or damage to, personal data.


 
 

Notices of Amendments: 24 November 2016                  

6

 

Digital Economy Bill, continued

 
 

(2)    

Subject to subsections (3), (4)(c) and (4)(d), if a personal data breach

 

occurs, the data controller in respect of the personal data concerned in

 

that breach shall, without undue delay, notify the breach to the

 

Commissioner.

 

(3)    

The notification referred to in subsection (2) is not required to the extent

 

that the personal data concerned in the personal data breach are exempt

 

from the seventh data protection principle.

 

(4)    

The Secretary of State may by regulations—

 

(a)    

prescribe matters which a notification under subsection (2) must

 

contain;

 

(b)    

prescribe the period within which, following detection of a

 

personal data breach, a notification under subsection (2) must be

 

given;

 

(c)    

provide that subsection (2) shall not apply to certain data

 

controllers;

 

(d)    

provide that subsection (2) shall not apply to personal data

 

breaches of a particular description or descriptions.

 

24B    

Personal data breaches: notification to the data subject

 

(1)    

Subject to subsections (2), (3), (4), (6)(b) and (6)(c), if a personal data

 

breach is likely to adversely affect the personal data or privacy of a data

 

subject, the data controller in respect of the personal data concerned in

 

that breach shall also, without undue delay, notify the breach to the data

 

subject concerned, insofar as it is reasonably practicable to do so.

 

(2)    

The notification referred to in subsection (1) is not required to the extent

 

that the personal data concerned in the personal data breach are exempt

 

from the seventh data protection principle.

 

(3)    

The notification referred to in subsection (1) is not required to the extent

 

that the personal data concerned in the personal data breach are exempt

 

from section 7(1).

 

(4)    

The notification referred to in subsection (1) is not required if the data

 

controller has demonstrated, to the satisfaction of the Commissioner—

 

(a)    

that the data controller has implemented appropriate measures

 

which render the data unintelligible to any person who is not

 

authorised to access it; and

 

(b)    

that those measures were applied to the data concerned in that

 

personal data breach.

 

(5)    

If the data controller has not notified the data subject in compliance with

 

subsection (1), the Commissioner may, having considered the likely

 

adverse effects of the personal data breach, require the data controller to

 

do so.

 

(6)    

The Secretary of State may by regulations—

 

(a)    

prescribe matters which a notification under subsection (1) must

 

contain;

 

(b)    

provide that subsection (1) shall not apply to certain data

 

controllers;

 

(c)    

provide that subsection (1) shall not apply to personal data

 

breaches of a particular description or descriptions.


 
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Revised 24 November 2016