Digital Economy Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

After Clause 4

 

LORD LUCAS

75Insert the following new Clause—
  "Obligation to block access to a website
  After section 124A of the Communications Act 2003 insert—
"124AAObligation to block access to a website
(1)  This section applies if it appears to a copyright owner that a website is infringing his copyright for gain.
(2)  The owner may seek a declaration from a court that it is satisfied, on the evidence available, that such an infringement is taking place, and that notice of the infringement has been given and has not resulted in the infringement ceasing.
(3)  An internet service provider shall, on the presentation of the declaration, block access to the website from its services.""
 

Clause 5

 

LORD RAZZALL

 

LORD CLEMENT-JONES

76Page 7, line 22, at end insert "; and
(   )  the internet service provider has received fifty or more copyright infringement reports about the relevant subscriber from the copyright owner for that period"
 

BARONESS MILLER OF CHILTHORNE DOMER

77Page 7, line 22, at end insert—
"(1A)  An internet service provider may recover all costs reasonably incurred in maintaining a copyright infringement list and providing a copyright owner with the list under this section.
(1B)  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 providing the copyright infringement list."
 

LORD RAZZALL

 

LORD CLEMENT-JONES

78Page 7, line 24, leave out "in relation to each relevant subscriber"
79Page 7, line 26, leave out "the" and insert "a"
80Page 7, line 27, leave out "enable" and insert "identify the name or address of"
81Page 7, line 27, leave out "to be identified"
 

BARONESS MILLER OF CHILTHORNE DOMER

82Page 7, line 27, at end insert—
"(   )  A subscriber may only be an individual and nothing in this section shall apply to communal networks."
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

83Page 7, line 31, leave out "subscriber" and insert "subscriber's account"
 

BARONESS MILLER OF CHILTHORNE DOMER

 

LORD RAZZALL

 

LORD CLEMENT-JONES

84Page 7, line 32, leave out "(if any)"
 

BARONESS MILLER OF CHILTHORNE DOMER

85Page 7, line 33, at end insert—
"(   )  The threshold which may be set under subsection (3)(b) shall not be less than 10 infringements per annum."
 

Clause 6

 

LORD RAZZALL

 

LORD CLEMENT-JONES

86Page 8, line 1, leave out "may" and insert "must"
87Page 8, line 9, at end insert—
"(   )  specifies reasonable rights and obligations in relation to a subscriber that is a library or an educational or cultural establishment as a provider of networks operating between an internet service provider and a user of the network"
88Page 8, line 16, leave out "of a contribution towards" and insert "for"
89Page 8, line 16, leave out "a contribution towards meeting" and insert "the"
90Page 8, line 16, after "meeting" insert "the reasonably incurred"
91Page 8, line 17, leave out "incurred by" and insert "of"
92Page 8, leave out line 22 and insert "level of unlawful copyright infringement on an internet service provider's network is significant, as measured periodically by OFCOM, sustained and"
92A*Page 8, leave out lines 22 to 24 and insert "level of unlawful copyright content downloaded using the internet service provider's network reaches 25 per cent of the total volume of its internet traffic as identified by the relevant internet service provider's data traffic management system, adjusted to take account of lawful file sharing, and as audited periodically by OFCOM and"
93Page 8, leave out lines 25 and 26
93A*Page 8, line 25, leave out from "reached" to end of line 26 and insert "and subject to the provisions of section (4)(b), internet service providers shall be given a reasonable time in which to procure and implement any infrastructure needed to comply with the obligation to notify;
(ba)  if the level of illegal content downloaded using the internet service provider's network falls below the threshold for a period of more than 6 months, the obligations on internet service providers set out under the code shall cease to apply until such time as the relevant threshold is exceeded."
94Page 8, line 28, at end insert "and that internet service providers and copyright owners have consulted formally with consumer representatives"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

95Page 8, leave out line 29
 

LORD RAZZALL

 

LORD CLEMENT-JONES

96Page 8, leave out lines 38 and 39
 

Clause 7

 

LORD HOWARD OF RISING

 

LORD DE MAULEY

97Page 9, leave out lines 8 to 14 and insert—
"(   )  OFCOM must by order make a code for the purpose of regulating the initial obligations if—
(a)  it appears that no code will be approved under section 124C within six months of section 124A and 124B coming into force; or
(b)  OFCOM has withdrawn their approval of a code under section 124C."
 

LORD MANDELSON

98Page 9, leave out lines 12 to 14 and insert—
"(2)  OFCOM may but need not make a code under subsection (1) for a time before the end of—
(a)  the period of six months beginning with the day on which sections 124A and 124B come into force, or
(b)  such longer period as the Secretary of State may specify by notice to OFCOM.
(2A)  The Secretary of State may give notice under subsection (2)(b) only if it appears to the Secretary of State that it is not practicable for OFCOM to make a code with effect from the end of the period mentioned in subsection (2)(a) or any longer period for the time being specified under subsection (2)(b)."
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

99Page 9, leave out lines 17 to 34
 

LORD RAZZALL

 

LORD CLEMENT-JONES

100Page 9, line 36, at end insert "and that they have consulted formally with consumer representatives"
 

Clause 8

 

LORD HOWARD OF RISING

 

LORD DE MAULEY

101Page 10, line 14, at end insert "to 1 year or less"
102Page 10, leave out lines 15 to 17
 

LORD LUCAS

103Page 10, line 17, at end insert—
"(   )  that it makes provision about the threshold above which an internet service provider has an obligation to provide an owner with information under section 124B (see subsection (1B))"
104Page 10, line 17, at end insert—
"(   )  that it makes proper provision for rights of appeal by subscribers concerning notifications (see subsection (1A));"
105Page 10, line 17, at end insert—
"(   )  that it makes provision about the value of an infringement on the basis of the benefit that would have accrued to the owner had the copyright material been legally acquired from an ordinary internet retailer, except that copyright infringements relating to work that has not yet been published in any format anywhere in the world shall be valued at 10 times such benefit, and that copyright infringements relating to work that has been so published but is not legally available in the format downloaded by the subscriber shall be valued at zero;"
 

LORD RAZZALL

 

LORD CLEMENT-JONES

106Page 10, line 28, at end insert "; and
(   )  that the code makes provision for subscribers to access information and advice about—
(i)  reducing online infringement of copyright; and
(ii)  the notification process set out in section 124A"
107Page 10, line 28, at end insert "; and
(   )  that the code sets a threshold for the number of reports at each stage required to provide a copyright infringement report list"
108Page 10, line 28, at end insert "; and
(   )  that the code makes provision to ensure subscribers do not incur any cost in meeting their obligations under section 124A"
 

LORD LUCAS

109Page 10, line 28, at end insert—
"(1A)  The proper provision for rights of appeal is provision that specifies—
(a)  the time within which an appeal may be made;
(b)  that an appeal is to be without cost to a subscriber, apart from the cost of any assistance that he chooses to employ;
(c)  that there is no limitation on the grounds for appeal;
(d)  that an appeal must succeed if the subscriber can show on the balance of probabilities that he had no reasonable means to prevent the infringement complained of."
110Page 10, line 28, at end insert—
"(1B)  The required provision about the threshold is—
(a)  that a notification under section 124A(4) shall have been given, and that either the time for appeal has expired or the appeal has been unsuccessful;
(b)  that another notification under section 124A(4) shall have been given, relating to an alleged infringement at a date later than the expiry of the right to appeal (or the date of rejection of the appeal if later, of the notification referred to in paragraph (a)), and that the time for appeal of the other notification has expired or the appeal has been unsuccessful; and
(c)  the total value of the copyright infringements complained of in relation to the subscriber exceeds £500 within a period of one year."
111Page 10, line 32, after "copyright" insert "through peer-to-peer filesharing networks"
 

LORD RAZZALL

 

LORD CLEMENT-JONES

112Page 10, line 35, at end insert "which shall be no more than three months"
113Page 10, line 35, at end insert—
"(   )  a requirement that reports are to be considered as sensitive personal data within the meaning of section 2 of the Data Protection Act 1998; and
(   )  a requirement that reports are not exempt from disclosure under section 7 of the Data Protection Act 1998"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

114Page 10, line 41, at end insert "to an internet service"
 

LORD LUCAS

115Page 10, line 44, after "contents" insert ", tone"
 

LORD RAZZALL

 

LORD CLEMENT-JONES

116Page 10, line 45, at end insert "; and
(   )  requirements on the time limit for notifying subscribers which must be no more than one month"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

117Page 11, line 2, leave out ", including the function of resolving copyright infringement disputes"
 

LORD RAZZALL

 

LORD CLEMENT-JONES

118Page 11, line 7, at end insert—
"(   )  that, on appeal, the burden of proof lies with the copyright owner;"
119Page 11, line 7, at end insert—
"(   )  that subscriber appeals are to be paid for by the copyright owner;"
 

LORD LUCAS

120Page 11, line 8, after "is" insert "a properly constituted tribunal under the Tribunals, Courts and Enforcement Act 2007, and is"
121Page 11, line 9, after "OFCOM" insert—
"(   )  that that person has, and makes available to subscribers without cost, the technical expertise to evaluate evidence of infringement presented by copyright owners;
(   )  that there are adequate arrangements under the code for compelling copyright owners and internet service providers to provide that person with technical data relating to the alleged infringement and the manner of its detection;"
122Page 11, line 12, leave out "or (c)"
123Page 11, line 13, at end insert—
"(   )  that there are adequate arrangements under the code for the costs of carrying out by a person mentioned in paragraph (c) of functions in relation to the code to be met by copyright owners"
 

LORD RAZZALL

 

LORD CLEMENT-JONES

124Page 11, line 13, at end insert—
"(   )  that OFCOM establish an independent adjudication scheme which may be accessed by subscribers at any stage of the process as set out in sections 124A to 124L of the Communications act 2003."
 

LORD LUCAS

125Page 11, line 13, at end insert—
"(   )  Appeals from any verdict of the tribunal referred to in subsection (4)(d) shall be to the High Court.
(   )  Appeals to the tribunal referred to in subsection (4)(d) shall be without cost to the appellant."
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

126Page 11, line 17, at end insert "or"
127Page 11, line 21, at end insert—
"(   )  provisions requiring a copyright owner or internet service provider to indemnify a subscriber for any loss or damage resulting from the owner or provider's failure to comply with the code, the copyright infringement provisions, or the Data Protection Act 1998"
 

LORD RAZZALL

 

LORD CLEMENT-JONES

128Page 11, line 21, at end insert—
"(   )  provision requiring a copyright owner to indemnify an internet service provider for any loss or damage resulting from the owner wrongly accusing a subscriber of an infringement of copyright"

 
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6 January 2010