Session 2012 - 13
Internet Publications
Other Bills before Parliament


 
 

 

Crime and Courts Bill [HL]

MOTION TO BE MOVED ON CONSIDERATION OF commons AMENDMENTS

[The page and line references are to Bill 115, the bill as first printed for the Commons.]

MOTION A

COMMONS AMENDMENTS NO. 18 AND 131

After Clause 29

18

Insert the following new Clause—

 

“Meaning of “relevant publisher”

 

(1)    

In sections (Awards of exemplary damages) to (Awards of costs), “relevant

 

publisher” means a person who, in the course of a business (whether or not

 

carried on with a view to profit), publishes news-related material—

 

(a)    

which is written by different authors, and

 

(b)    

which is to any extent subject to editorial control.

 

    

This is subject to subsections (5) and (6).

 

(2)    

News-related material is “subject to editorial control” if there is a person

 

(whether or not the publisher of the material) who has editorial or

 

equivalent responsibility for—

 

(a)    

the content of the material,

 

(b)    

how the material is to be presented, and

 

(c)    

the decision to publish it.

 

(3)    

A person who is the operator of a website is not to be taken as having

 

editorial or equivalent responsibility for the decision to publish any

 

material on the site, or for content of the material, if the person did not post

 

the material on the site.

 

(4)    

The fact that the operator of the website may moderate statements posted

 

on it by others does not matter for the purposes of subsection (3).

 
 
HL Bill 98—I55/2

 
 

2

 
 

(5)    

A person is not a “relevant publisher” if the person is specified by name in

 

Schedule (Exclusions from definition of “relevant publisher”).

 

(6)    

A person is not a “relevant publisher” in so far as the person’s publication

 

of news-related material is in a capacity or case of a description specified in

 

Schedule (Exclusions from definition of “relevant publisher”).”

After Schedule 14

COMMONS AMENDMENT 131

131

Insert the following new Schedule—

 

“Exclusions from definition of “relevant publisher”

 

Broadcasters

 

1          

The British Broadcasting Corporation.

 

2          

Sianel Pedwar Cymru.

 

3          

The holder of a licence under the Broadcasting Act 1990 or 1996 who

 

publishes news-related material in connection with the broadcasting

 

activities authorised under the licence.

 

Special interest titles

 

4          

A person who publishes a title that—

 

(a)    

relates to a particular pastime, hobby, trade, business, industry

 

or profession, and

 

(b)    

only contains news-related material on an incidental basis that is

 

relevant to the main content of the title.

 

Scientific or academic journals

 

5          

A person who publishes a scientific or academic journal that only

 

contains news-related material on an incidental basis that is relevant to

 

the scientific or academic content.

 

Public bodies and charities

 

6    (1)  

A public body or charity that publishes news-related material in

 

connection with the carrying out of its functions.

 

      (2)  

“Public body” means a person or body whose functions are of a public

 

nature.

 

Company news publications etc

 

7          

A person who publishes a newsletter, circular or other document

 

which—

 

(a)    

relates to a business carried on by the person, and

 
 

 
 

3

 
 

(b)    

only contains news-related material on an incidental basis that is

 

relevant to the person’s business.

 

Book publishers

 

8    (1)  

A person who is the publisher of a book.

 

      (2)  

“Book” does not include any title published on a periodic basis with

 

substantially different content.”

 

LORDS AGREEMENT AND AMENDMENT TO THE COMMONS AMENDMENT

The Lords agree with the Commons in their Amendment 131, and do propose Amendment

 

131A as an amendment thereto

131A

Line 29, at end insert—

 

“Small-scale blogs

 

7A         

A person who publishes a small-scale blog.”

 

COMMONS DISAGREEMENT AND AMENDMENTS IN LIEU

The Commons disagree to Lords Amendment 131A, but do propose the following

 

amendments in lieu

After Clause 29

18A

Amendment 18, line 25, at end insert—

 

“(7)    

But a person who is not a “relevant publisher” as a result of paragraph 7A

 

of that Schedule (micro-businesses) is nevertheless to be regarded as such

 

if the person was a member of an approved regulator at the material time.”

After Schedule 14

131B

Amendment 131, line 29, at end insert—

 

“Micro-businesses

 

7A  (1)  

A person who, in carrying on a micro-business, publishes news-related

 

material where either condition A or condition B is met.

 

      (2)  

Condition A is that the news-related material is contained in a multi-

 

author blog.

 

      (3)  

Condition B is that the news-related material is published on an

 

incidental basis that is relevant to the main activities of the business.

 

      (4)  

“Micro-business” means a business which—

 

(a)    

has fewer than 10 employees, and

 

(b)    

has an annual turnover not exceeding £2,000,000.

 

      (5)  

The number of employees is to be calculated as follows—

 

(a)    

find the total number of hours per week for which all the

 

employees of the business are contracted to work;

 
 

 
 

4

 
 

(b)    

divide that number by 37.5.

 

      (6)  

“Employee” has the same meaning as in the Employment Rights Act

 

1996 (see section 230 of that Act).

 

      (7)  

“Multi-author blog” means a blog that contains contributions from

 

different authors.”

 

A

 

Lord Taylor of Holbeach to move, That this House do not insist on its Amend­

 

ment 131A, to which the Commons have disagreed and do agree with the Com­

 

mons in their Amendments 18A and 131B in lieu.

 
 

 
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