Session 2016-17
Internet Publications
Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Wednesday 26 April 2017

 

Consideration of Lords Amendments

 

New Amendments handed in are marked thus Parliamentary Star

 

Amendments tabled since the last publication: LAs 1 (a) to (c); 2 (a); 40 (a) and (b); 242 (a); 246 (a)

 

Digital Economy Bill


 

On Consideration of Lords Amendments to the Digital Economy Bill

 


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end.

 


 

Lords Amendment No. 1

 

Secretary Karen Bradley

 

To move, That this House disagrees with the Lords in their Amendment.

 

Secretary Karen Bradley

 

To move the following Amendments to the Bill in lieu of the Lords Amendment No. 1:—

 

(a)

 

Parliamentary Star    

Page  1,  line  12,  at end insert “, but may not do so unless—

 

(a)    

it specifies the minimum download speed that must be provided by those

 

connections and services, and

 

(b)    

the speed so specified is at least 10 megabits per second.”

 

(b)

 

Parliamentary Star    

Page  2,  line  3,  after “as or” insert “, except in the case of the minimum download

 

speed,”


 
 

Consideration of Lords Amendments: 26 April 2017          

2

 

Digital Economy Bill, continued

 
 

(c)

 

Parliamentary Star    

Page  2,  line  23,  at end insert—

 

“72B  

Broadband download speeds: duty to give direction under section 72A

 

(1)    

The Secretary of State must give OFCOM a direction under section 72A if—

 

(a)    

the universal service order specifies a minimum download speed for

 

broadband connections and services and the speed so specified is less

 

than 30 megabits per second, and

 

(b)    

it appears to the Secretary of State, on the basis of information published

 

by OFCOM, that broadband connections or services that provide a

 

minimum download speed of at least 30 megabits per second are

 

subscribed to for use in at least 75% of premises in the United Kingdom.

 

(2)    

The direction—

 

(a)    

must require OFCOM to review and report to the Secretary of State on

 

whether it would be appropriate for the universal service order to specify

 

a higher minimum download speed, and

 

(b)    

may also require OFCOM to review and report to the Secretary of State

 

on any other matter falling within section 72A(1).”

 

 


 

Lords Amendment No. 2

 

Secretary Karen Bradley

 

To move, That this House disagrees with the Lords in their Amendment.

 

Secretary Karen Bradley

 

To move the following Amendment to the Bill in lieu of the Lords Amendment No. 2:—

 

(a)

 

Parliamentary Star    

Page  88,  line  10,  at end insert the following new Clause—

 

“Billing limits for mobile phones

 

         

Billing limits for mobile phones

 

In Chapter 1 of Part 2 of the Communications Act 2003 (electronic

 

communications networks and services) after section 124R insert—

 

“Billing limits for mobile phones

 

124S  

Mobile phone providers’ duty to enable billing limits to be applied

 

(1)    

The provider of a mobile phone service must not enter into a contract to

 

provide the service unless the customer has been given an opportunity to

 

specify a billing limit in the contract.

 

(2)    

In relation to a contract to provide a mobile phone service—

 

(a)    

a billing limit is a limit on the amount the customer may be

 

charged for provision of the service in respect of each billing

 

period, and


 
 

Consideration of Lords Amendments: 26 April 2017          

3

 

Digital Economy Bill, continued

 
 

(b)    

a billing period is one of successive periods specified in the

 

contract and together making up the period for which the

 

contract remains in force.

 

(3)    

A contract to provide a mobile phone service must provide for the

 

customer on reasonable notice at any time—

 

(a)    

to specify a billing limit if none is specified for the time being,

 

(b)    

to amend or remove a limit in respect of all billing periods or a

 

specified billing period.

 

(4)    

In any billing period the provider must—

 

(a)    

so far as practicable, notify the customer in reasonable time if a

 

limit is likely to be reached before the end of the period, and

 

(b)    

notify the customer as soon as practicable if a limit is reached

 

before the end of the period.

 

(5)    

A limit may be exceeded in relation to a billing period only if the

 

customer agrees after a notification under subsection (4)(a) or (b).

 

(6)    

If the provider continues to provide the service after a limit is reached,

 

the customer’s use of the service does not constitute agreement to the

 

limit being exceeded.

 

(7)    

The provider must give the customer confirmation in writing of—

 

(a)    

the decision made by the customer in accordance with subsection

 

(1),

 

(b)    

any decision of the customer under provision made in

 

accordance with subsection (3), and

 

(c)    

any agreement by the customer in accordance with subsection

 

(5).

 

(8)    

This section applies to agreeing to extend a contract as it applies to

 

entering into a contract, and in that case the reference in subsection (2)(b)

 

to the period for which the contract remains in force is a reference to the

 

period of the extension.

 

(9)    

Nothing in this section affects a provider’s duty to comply with

 

requirements to enable calls to emergency services.

 

(10)    

In this section—

 

“customer” does not include a person who is a customer as a

 

communications provider;

 

“mobile phone service” means an electronic communications

 

service which is provided in the course of a business wholly or

 

mainly so as to be available to members of the public for the

 

purpose of communicating with others, or accessing data, by

 

mobile phone.

 

124T  

Enforcement of duty to enable billing limits to be applied

 

(1)    

Sections 96A to 96C apply in relation to a contravention of a requirement

 

under section 124S as they apply in relation to a contravention of a

 

condition set under section 45, with the following modifications.

 

(2)    

Section 96A(2)(f) and (g) (OFCOM directions) do not apply.

 

(3)    

Section 96A(5) to (7) (action under the Competition Act 1998) do not

 

apply.


 
 

Consideration of Lords Amendments: 26 April 2017          

4

 

Digital Economy Bill, continued

 
 

(4)    

The amount of a penalty imposed under sections 96A to 96C, as applied

 

by this section, other than a penalty falling within section 96B(4), is to be

 

such amount not exceeding £2 million as OFCOM determine to be—

 

(a)    

appropriate; and

 

(b)    

proportionate to the contravention in respect of which it is

 

imposed.””

 

 


 

Lords Amendment No. 40

 

Secretary Karen Bradley

 

To move, That this House disagrees with the Lords in their Amendment.

 

Secretary Karen Bradley

 

To move the following Amendments to the Bill in lieu of the Lords Amendment No. 40:—

 

(a)

 

Parliamentary Star    

Page  88,  line  10,  at end insert the following new Clause—

 

“Code of practice for providers of online social media platforms

 

         

Code of practice for providers of online social media platforms

 

(1)    

The Secretary of State must issue a code of practice giving guidance to persons

 

who provide online social media platforms for use by persons in the United

 

Kingdom (“social media providers”).

 

(2)    

The guidance to be given is guidance about action it may be appropriate for

 

providers to take against the use of the platforms they provide for conduct to

 

which subsection (3) applies.

 

(3)    

This subsection applies to conduct which—

 

(a)    

is engaged in by a person online,

 

(b)    

is directed at an individual, and

 

(c)    

involves bullying or insulting the individual, or other behaviour likely to

 

intimidate or humiliate the individual.

 

(4)    

But guidance under this section is not to affect how unlawful conduct is dealt

 

with.

 

(5)    

A code of practice under this section must (subject to subsection (4)) include

 

guidance to social media providers about the following action—

 

(a)    

maintaining arrangements to enable individuals to notify providers of the

 

use of their platforms for conduct to which subsection (3) applies;

 

(b)    

maintaining processes for dealing with notifications;

 

(c)    

including provision on matters within paragraphs (a) and (b) in terms and

 

conditions for using platforms;

 

(d)    

giving information to the public about action providers take against the

 

use of their platforms for conduct to which subsection (3) applies.


 
 

Consideration of Lords Amendments: 26 April 2017          

5

 

Digital Economy Bill, continued

 
 

(6)    

Before issuing a code of practice under this section, the Secretary of State must

 

consult—

 

(a)    

those social media providers to whom the code is intended to give

 

guidance, and

 

(b)    

such other persons as the Secretary of State considers it appropriate to

 

consult.

 

(7)    

The Secretary of State must publish any code of practice issued under this section.

 

(8)    

A code of practice issued under this section may be revised from time to time by

 

the Secretary of State, and references in this section to a code of practice include

 

such a revised code.”

 

(b)

 

Parliamentary Star    

Page  90,  line  12,  at end insert—

 

“( )    

section (code of practice for providers of online social media

 

platforms);”

 

 


 

Lords Amendment No. 237

 

Secretary Karen Bradley

 

To move, That this House disagrees with the Lords in their Amendment.

 

 


 

Lords Amendment No. 238

 

Secretary Karen Bradley

 

To move, That this House disagrees with the Lords in their Amendment.

 

 


 

Lords Amendment No. 239

 

Secretary Karen Bradley

 

To move, That this House disagrees with the Lords in their Amendment.

 

 



 
 

Consideration of Lords Amendments: 26 April 2017          

6

 

Digital Economy Bill, continued

 
 

Lords Amendment No. 242

 

Secretary Karen Bradley

 

To move, That this House disagrees with the Lords in their Amendment.

 

Secretary Karen Bradley

 

To move the following Amendment to the Bill in lieu of the Lords Amendment No.

 

242:—

 

(a)

 

Parliamentary Star    

Page  83,  line  38,  at end insert the following new Clause:—

 

         

“Electronic programme guides and public service channels

 

(1)    

After section 311 of the Communications Act 2003 insert—

 

“311A

Report on electronic programme guides and public service channels

 

(1)    

It is the duty of OFCOM from time to time to prepare and publish a report

 

dealing with—

 

(a)    

the provision by electronic programme guides of information

 

about programmes—

 

(i)    

included in public service channels, or

 

(ii)    

provided by means of on-demand programme services

 

by persons who also provide public service channels,

 

and

 

(b)    

the facilities provided by such guides for the selection of, and

 

access to, such programmes.

 

(2)    

When preparing the report OFCOM must consult such persons as appear

 

to them appropriate.

 

(3)    

In this section “electronic programme guide” and “public service

 

channel” have the same meanings as in section 310.”

 

(2)    

After publishing the first report under section 311A of the Communications Act

 

2003 OFCOM must review and revise the code drawn up by them under section

 

310 of that Act (code of practice for electronic programme guides).

 

(3)    

The revision of the code must be completed before 1 December 2020.

 

(4)    

Subsections (2) and (3) do not affect OFCOM’s duty under section 310 of that

 

Act to review and revise the code from time to time.

 

(5)    

In this section “OFCOM” means the Office of Communications.””

 

 



 
 

Consideration of Lords Amendments: 26 April 2017          

7

 

Digital Economy Bill, continued

 
 

Lords Amendment No. 246

 

As an Amendment to the Lords Amendment:—

 

Secretary Karen Bradley

 

(a)

 

Parliamentary Star    

Line  5,  leave out from “tickets),” to end of line 7 and insert “in subsection (4)

 

omit “and” at the end of paragraph (c), and at the end of paragraph (d) insert “,

 

and

 

(e)    

any unique ticket number that may help the buyer to identify the seat or

 

standing area or its location.””

 

 


 

 

Revised 25 April 2017