Digital Economy Bill [HL]
REVISED
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 9th December 2009, as follows—
Clauses 1 to 41
Schedule 1
Clause 42
Schedule 2 | Clauses 43 to 46
Schedule 3
Clauses 47 to 49 |
[Amendments marked * are new or have been altered]
Amendment
No.
| 1 | Page 1, line 5, leave out subsection (2) |
| 2 | Page 1, leave out lines 8 and 9 |
| 3 | Page 1, line 10, leave out "public service" |
| 4 | Page 1, line 11, after "content" insert "by public service broadcasters" |
| 5 | Page 1, line 12, leave out "wherever possible" |
| 6 | Page 2, line 13, leave out "public service" |
| 7 | Page 2, line 14, leave out from "services" to end of line 17 |
| | LORD GORDON OF STRATHBLANE |
| 8 | Page 2, line 24, at end insert— |
| "(7) | Before section 120 of the Enterprise Act 2002 insert— |
| | "119C OFCOM to perform functions of the Office of Fair Trading in relation to media mergers |
| (1) | In the case of a media merger, the provisions of this Part shall have effect as if the references to the Office of Fair Trading were references to OFCOM. |
| (2) | The Office of Fair Trading will notify OFCOM as soon as it becomes aware that a merger situation is a media merger and from that time onwards the Office of Fair Trading will cease to exercise any functions in relation to the merger situation. |
| (3) | Where the Office of Fair Trading has exercised functions in respect of a merger situation before becoming aware that it is a media merger, such functions shall be deemed to have been exercised by OFCOM. |
| (4) | For the purposes of this section, a media merger is a merger situation in which at least one of the enterprises ceasing to be distinct consists in or involves broadcasting."" |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 1 stand part of the Bill. |
| 9 | Page 2, line 30, after "must" insert ", if requested to do so by the Secretary of State," |
| 10 | Page 2, line 31, leave out "on" and insert "and each report must deal with" |
| 11 | Page 2, line 36, after "report" insert "under each of subsection (1)(a) and (b)" |
| 12 | Page 2, line 40, after "State" insert ", Scottish Ministers, Welsh Ministers and Northern Ireland Ministers" |
| 13 | Page 2, leave out lines 42 and 43 and insert— |
| "(3) | A further report must— |
| (a) | be prepared for each relevant period, and" |
| 14 | Page 2, line 44, after "State" insert ", Scottish Ministers, Welsh Ministers and Northern Ireland Ministers" |
| 15 | Page 3, line 2, leave out "2" and insert "4" |
| 16 | Page 3, line 4, leave out "2" and insert "4" |
| 17 | Page 3, line 8, after "State" insert "and Scottish Ministers (in relation to Scotland) or Welsh Ministers (in relation to Wales) or Northern Ireland Ministers (in relation to Northern Ireland)" |
| 18 | Page 3, line 10, after "State" insert "and Scottish Ministers (in relation to Scotland) or Welsh Ministers (in relation to Wales) or Northern Ireland Ministers (in relation to Northern Ireland)" |
| 19 | Page 3, line 17, at end insert— |
| "( ) | The Secretary of State must make reports prepared by OFCOM under this section available to the public in a timely manner, subject to such redaction as he may consider necessary." |
| 20 | Page 3, line 23, leave out "geographic coverage of the different UK networks" and insert "use of electromagnetic spectrum for wireless telegraphy in the United Kingdom" |
| 21 | Page 3, line 25, at end insert "giving due consideration in the report to the interests of— |
| (i) | persons living in rural areas; |
| (ii) | persons living in urban areas; |
| (iv) | disadvantaged persons, persons with low incomes and persons with disabilities; and |
| 22 | Page 3, line 26, after "which" insert "rural and urban" |
| 23 | Page 3, line 41, at end insert— |
| "( ) | the resilience of the networks to disruption by physical damage or loss of power supply, |
| ( ) | the ability of the networks to allow citizens to communicate with each other, and authorities to communicate with citizens, during an emergency" |
| 24 | Page 3, line 41, at end insert— |
| "( ) | the services on offer over each platform, including details of wholesale arrangements and service competition, |
| ( ) | the impediments, barriers and constraints on citizens, consumers and businesses in accessing electronic communications services and information society services" |
| 25 | Page 4, line 2, at end insert "giving due consideration in the report to the interests of— |
| (i) | persons living in rural areas; |
| (ii) | persons living in urban areas; |
| (iv) | disadvantaged persons, persons with low incomes and persons with disabilities; and |
| 26 | Page 4, line 23, at end insert "or places an exceptional load on such a network or service" |
| 27 | Page 4, leave out lines 25 to 36 |
| 28 | Page 4, line 29, at end insert— |
| "( ) | The Secretary of State must lay a copy of the report before each House of Parliament as soon as practicable." |
| 29 | Page 4, line 32, at end insert— |
| "( ) | The Secretary of State must consult persons whom he considers appropriate before making a request under subsection (1), and must make public his intention to make such a request in reasonable time before he makes the request." |
| 30 | Page 4, line 32, at end insert— |
|
"Report on global navigation satellite systems
|
| 134D | OFCOM Report on global navigation satellite systems |
| (1) | OFCOM must prepare a report within 12 months of the day on which this Act is passed on the potential effects on the critical national infrastructure of interference with GPS and Galileo positioning and timing signals. |
| | "critical national infrastructure" means those elements of the nine national infrastructure sectors (energy, food, water, transport, communications, government, emergency services, health and finance), the loss or compromise of which would lead to severe economic or social consequences, |
| | "GPS" means the United States of America's space-based global navigation satellite system, |
| | ""Galileo" means the European space-based global navigation satellite system." |
| 31 | Page 5, line 27, at end insert "provided by a public service broadcaster" |
| 32 | Insert the following new Clause— |
| | "OFCOM report on retransmission fees and delayed transmission fees |
| | OFCOM must produce a study on retransmission and delayed transmission fees within one year of the day on which this Act is passed." |
| 33 | Insert the following new Clause— |
| | "Obligations on copyright holders |
| | Copyright holders seeking to take action against subscribers for online copyright infringement must use the process set out in sections 124A to 124E of the Communications Act 2003 except in cases of actual or likely extreme prejudice." |
| 34 | Insert the following new Clause— |
| | "Compliance with fundamental rights |
| | In drafting or amending any code, laying any statutory instrument, or taking any other action under sections 124A to 124L of the Communications Act 2003 or under section 302A of the Copyright, Designs and Patents Act 1988, the Secretary of State must demonstrate before such action is implemented that he has considered whether such action— |
| (a) | is necessary and proportionate to the goal of protecting and enforcing copyright, and |
| (b) | appropriately balances the interest of rights holders and the interests of the public in due process, privacy, freedom of expression and other fundamental human rights guaranteed by inter alia the European Convention of Human Rights and the EC Charter of Rights." |
| 35 | Page 6, line 5, after "infringement" insert "allegation" |
| 36 | Page 6, line 6, leave out "it appears to" and insert "in the reasonable opinion of" |
| 37 | Page 6, line 6, leave out "that" |
| 38 | Page 6, line 6, at end insert— |
| "( ) | infringement of the owner's copyright appears to have taken place through peer-to-peer filesharing networks on a subscriber's IP address;" |
| 39 | Page 6, leave out lines 7 and 8 |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 40 | Page 6, line 7, leave out "a" and insert "an individual" |
| 41 | Page 6, line 8, leave out "by means of the" and insert "while connected to the internet access" |
| 42 | Page 6, line 8, leave out "means of the service" and insert "prescribed means" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 43 | Page 6, leave out lines 9 to 11 |
| 44 | Page 6, line 11, leave out "means of the service" and insert "prescribed means" |
| 45 | Page 6, line 11, at end insert "and with the subscriber's authority" |
| 46 | Page 6, line 11, at end insert "; or |
| ( ) | a third party other than the subscriber to an internet access service has infringed the owner's copyright by means of the service" |
| 47 | Page 6, line 12, after "infringement" insert "allegation" |
| 48 | Page 6, line 16, after "infringement" insert "allegation" |
| 49 | Page 6, line 17, leave out "there appears" and insert "the copyright owner believes there" |
| 51 | Page 6, line 18, at end insert "by reason of the work in relation to which the copyright subsists being uploaded or downloaded to peer-to-peer filesharing networks" |
| 52 | Page 6, line 19, at end insert— |
| "( ) | sets out the value of the infringement on the basis described in the initial obligations;" |
| 53 | Page 6, leave out lines 20 to 22 |
| 54 | Page 6, line 20, leave out second "the" and insert "a" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 55 | Page 6, leave out lines 23 and 24 |
| 56 | Page 6, line 24, at end insert "; and |
| ( ) | includes a sworn statement by the person making the report that the information collected has been obtained in compliance with all relevant laws, including data protection and privacy laws, and by persons entitled to gather such information" |
| 57 | Page 6, line 24, at end insert "; and |
| ( ) | includes a sworn statement and evidence that the person making the report owns the requisite copyright" |
| 58 | Page 6, line 25, at end insert "allegation" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 59 | Page 6, line 27, at end insert— |
| "(4A) | An internet service provider may recover costs, reasonably incurred in sending a notification report under this section, from the copyright owner. |
| (4B) | A copyright owner may dispute the charge levied by the internet service provider under this section by appeal to OFCOM on the grounds that the charge does not represent costs reasonably incurred in sending the notification." |
| 60 | Page 6, line 30, after "a" insert "named" |
| 61 | Page 6, line 31, after "a" insert "full" |
| 62 | Page 6, line 32, at beginning insert "detailed" |
| 63 | Page 6, line 34, at end insert "and" |
| 64 | Page 6, leave out lines 35 and 36 |
| 65 | Page 6, line 36, after "telegraphy;" insert— |
| "( ) | full details of a subscriber's right to appeal, and of where information on how to appeal may be found; |
| ( ) | advice on the possible consequences of continued infringement;" |
| 66 | Page 6, line 36, at end insert— |
| "( ) | information about the possible imposition of technical measures;" |
| 67 | Page 6, line 36, at end insert— |
| "( ) | information about the protection of electronic communications networks from malware;" |
| 68 | [Retabled as amendment 70A] |
| 69 | Page 6, leave out lines 37 and 38 |
| 70 | Page 6, line 38, at end insert— |
| "( ) | advice about how to respond to the notification if the subscriber believes it to be based on an error of fact, wrong in law or unreasonable" |
| 70A* | Page 6, line 38, at end insert— |
| | "and must comply with any other requirement of the initial obligations code" |
| 71 | Page 7, leave out lines 7 to 9 |
| 72 | Page 7, line 11, leave out "electronic or" |
| 73 | Page 7, line 12, after "subscriber" insert "for the purposes of billing" |
| 74 | Page 7, line 13, at end insert— |
| "( ) | Receipt of a copyright infringement report, the compliance with the obligations set out in this Act, the initial obligations code or the technical obligations code shall not be deemed to convey actual knowledge of unlawful activity for the purposes of the Electronic Commerce (EC Directive) Regulations 2002 or otherwise and shall not prejudice the internet service provider's ability to avail itself of the defences set out therein." |
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