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Session 2009 - 10
Internet Publications
Other Bills before Parliament


 
 

Committee of the whole House: 7 April 2010              

1326

 

Digital Economy Bill[Lords], continued

 
 

Secretary Ben Bradshaw

 

6

 

Parliamentary Star    

Page  52,  line  12,  leave out Clause 43.

 

Mr Don Foster

 

18

 

Parliamentary Star    

Clause  43,  page  52,  line  20,  at end insert ‘subject to subsection (1A) below.

 

(1A)    

The regulations may not authorise the grant of a licence in respect of works of

 

photography created after 1950.’.

 

Mr Don Foster

 

19

 

Parliamentary Star    

Clause  43,  page  53,  line  7,  at end insert ‘, or

 

(c)    

in respect of works of photography.’.

 


 

Secretary Ben Bradshaw

 

9

 

Parliamentary Star    

Page  64,  line  22,  leave out Schedule 2.

 


 

Secretary Ben Bradshaw

 

7

 

Parliamentary Star    

Clause  49,  page  59,  line  44,  at end insert ‘and the entry in Schedule 3 relating to the

 

Public Lending Right Act 1979 (and section 47 so far as it relates to that entry)’.

 


 

Secretary Ben Bradshaw

 

8

 

Parliamentary Star    

Clause  50,  page  60,  line  3,  leave out subsection (2).

 


 

new clauses

 

Power to make provision about injunctions preventing access to locations on the internet

 

Secretary Ben Bradshaw

 

NC1

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The Secretary of State may by regulations make provision about the granting by

 

a court of a blocking injunction in respect of a location on the internet which the

 

court is satisfied has been, is being or is likely to be used for or in connection with

 

an activity that infringes copyright.


 
 

Committee of the whole House: 7 April 2010              

1327

 

Digital Economy Bill[Lords], continued

 
 

(2)    

“Blocking injunction” means an injunction that requires a service provider to

 

prevent its service being used to gain access to the location.

 

(3)    

The Secretary of State may not make regulations under this section unless

 

satisfied that—

 

(a)    

the use of the internet for activities that infringe copyright is having a

 

serious adverse effect on businesses or consumers,

 

(b)    

making the regulations is a proportionate way to address that effect, and

 

(c)    

making the regulations would not prejudice national security or the

 

prevention or detection of crime.

 

(4)    

The regulations must provide that a court may not grant an injunction unless

 

satisfied that the location is—

 

(a)    

a location from which a substantial amount of material has been, is being

 

or is likely to be obtained in infringement of copyright,

 

(b)    

a location at which a substantial amount of material has been, is being or

 

is likely to be made available in infringement of copyright, or

 

(c)    

a location which has been, is being or is likely to be used to facilitate

 

access to a location within paragraph (a) or (b).

 

(5)    

The regulations must provide that, in determining whether to grant an injunction,

 

the court must take account of—

 

(a)    

any evidence presented of steps taken by the service provider, or by an

 

operator of the location, to prevent infringement of copyright in the

 

qualifying material,

 

(b)    

any evidence presented of steps taken by the copyright owner, or by a

 

licensee of copyright in the qualifying material, to facilitate lawful access

 

to the qualifying material,

 

(c)    

any representations made by a Minister of the Crown,

 

(d)    

whether the injunction would be likely to have a disproportionate effect

 

on any person’s legitimate interests, and

 

(e)    

the importance of freedom of expression.

 

(6)    

The regulations must provide that a court may not grant an injunction unless

 

notice of the application for the injunction has been given, in such form and by

 

such means as is specified in the regulations, to—

 

(a)    

the service provider, and

 

(b)    

operators of the location.

 

(7)    

The regulations may, in particular—

 

(a)    

make provision about when a location is, or is not, to be treated as being

 

used to facilitate access to another location,

 

(b)    

provide that notice of an application for an injunction may be given to

 

operators of a location by being published in accordance with the

 

regulations,

 

(c)    

provide that a court may not make an order for costs against the service

 

provider,

 

(d)    

make different provision for different purposes, and

 

(e)    

make incidental, supplementary, consequential, transitional, transitory or

 

saving provision.

 

(8)    

The regulations may—

 

(a)    

modify Chapter 6 of Part 1 of the Copyright, Designs and Patents Act

 

1988, and

 

(b)    

make consequential provision modifying Acts and subordinate

 

legislation.


 
 

Committee of the whole House: 7 April 2010              

1328

 

Digital Economy Bill[Lords], continued

 
 

(9)    

Regulations under this section may not include provision in respect of

 

proceedings before a court in England and Wales without the consent of the Lord

 

Chancellor.

 

(10)    

Regulations under this section must be made by statutory instrument.

 

(11)    

A statutory instrument containing regulations under this section may not be made

 

unless—

 

(a)    

the Secretary of State has complied with section [Consultation and

 

Parliamentary scrutiny], and

 

(b)    

a draft of the instrument has been laid before and approved by a

 

resolution of each House of Parliament.

 

(12)    

In this section—

 

“copyright owner” has the same meaning as in Part 1 of the Copyright,

 

Designs and Patents Act 1988;

 

“Minister of the Crown” has the same meaning as in the Ministers of the

 

Crown Act 1975;

 

“modify” includes amend, repeal or revoke;

 

“operator”, in relation to a location on the internet, means a person who has

 

editorial control over material available at the location;

 

“qualifying material”, in relation to an injunction, means the material taken

 

into account by the court for the purposes of provision made under

 

subsection (4);

 

“service provider” has the same meaning as in section 97A of the Copyright,

 

Designs and Patents Act 1988;

 

“subordinate legislation” has the same meaning as in the Interpretation Act

 

1978.

 

(13)    

In the application of this section to Scotland—

 

“costs” means expenses;

 

“injunction” means interdict.’.

 


 

Consultation and Parliamentary scrutiny

 

Secretary Ben Bradshaw

 

NC2

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

Before making regulations under section [Power to make provision about

 

injunctions preventing access to locations on the internet] the Secretary of State

 

must consult—

 

(a)    

the Lord President of the Court of Session and the Lord Chief Justice of

 

Northern Ireland,

 

(b)    

the persons that the Secretary of State thinks likely to be affected by the

 

regulations (or persons who represent such persons), and

 

(c)    

such other persons as the Secretary of State thinks fit.

 

(2)    

If, following the consultation under subsection (1), the Secretary of State

 

proposes to make regulations under section [Power to make provision about

 

injunctions preventing access to locations on the internet], the Secretary of State

 

must lay before Parliament a document that—

 

(a)    

explains the proposal and sets it out in the form of draft regulations,


 
 

Committee of the whole House: 7 April 2010              

1329

 

Digital Economy Bill[Lords], continued

 
 

(b)    

explains the reasons why the Secretary of State is satisfied in relation to

 

the matters listed in section [Power to make provision about injunctions

 

preventing access to locations on the internet](3)(a) to (c), and

 

(c)    

contains a summary of any representations made during the consultation

 

under subsection (1).

 

(3)    

During the period of 60 days beginning with the day on which the document was

 

laid under subsection (2) (“the 60-day period”), the Secretary of State may not lay

 

before Parliament a draft statutory instrument containing regulations to give

 

effect to the proposal (with or without modifications).

 

(4)    

In preparing draft regulations under section [Power to make provision about

 

injunctions preventing access to locations on the internet] to give effect to the

 

proposal, the Secretary of State must have regard to any of the following that are

 

made with regard to the draft regulations during the 60-day period—

 

(a)    

any representations, and

 

(b)    

any recommendations of a committee of either House of Parliament

 

charged with reporting on the draft regulations.

 

(5)    

When laying before Parliament a draft statutory instrument containing

 

regulations to give effect to the proposal (with or without modifications), the

 

Secretary of State must also lay a document that explains any changes made to

 

the proposal contained in the document laid before Parliament under subsection

 

(2).

 

(6)    

In calculating the 60-day period, no account is to be taken of any time during

 

which Parliament is dissolved or prorogued or during which either House is

 

adjourned for more than 4 days.’.

 


 

Objective of sections 4 to 17

 

Mr Tom Watson

 

Mr John Grogan

 

Mr David Drew

 

NC3

 

Parliamentary Star    

To move the following Clause:—

 

‘The objective of the measures in sections 4 to 16 is to move to a lawful means of

 

access to copyright material for consumers and businesses and to reduce unlawful

 

file sharing and other forms of copyright infringement.’.

 


 

Secretary Ben Bradshaw

 

10

 

Parliamentary Star    

Title,  line  2,  leave out from ‘copyright’ to ‘to’ in line 3 and insert ‘and about penalties for

 

infringement of copyright and performers’ rights’.


 
 

Committee of the whole House: 7 April 2010              

1330

 

Digital Economy Bill[Lords], continued

 
 

 

Order of the House [6 April 2010]

 

That the following provisions shall apply to the Digital Economy Bill [Lords]:

 

Committal

 

1.    

The Bill shall be committed to a Committee of the whole House.

 

Proceedings in Committee

 

2.    

The order in which proceedings in the Committee of the whole House on the

 

Bill are taken shall be: Clauses 1 to 42, Schedule 1, Clause 43, Schedule 2,

 

Clauses 44 to 47, Schedule 3, Clauses 48 to 50, new Clauses, new Schedules,

 

remaining proceedings on the Bill.

 

3.    

Standing Order No. 83B (Programming committees) shall not apply to the

 

proceedings on the Bill in Committee of the whole House.

 

Consideration and Third Reading

 

4.    

Proceedings on consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of any Message from the Lords) may be programmed.

 


 
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