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Digital Economy Bill [HL]


FIFTH
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 10 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.

 

Clause 10

 

BARONESS MILLER OF CHILTHORNE DOMER

 

LORD LUCAS

157Page 13, line 6, after "(1)" insert "must"
158Page 13, line 6, leave out ", in particular"
 

LORD WHITTY

159Page 13, line 8, at end insert "consumer groups, the judiciary,"
 

LORD LUCAS

160Page 13, line 9, after "or" insert "groups representative of subscribers, and"
161Page 13, line 10, after "likely" insert "proportionality, objective justification and"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

162Page 13, line 11, after "service;" insert—
"(   )  an assessment of the cost of a technical measure in relation to a particular type of internet access service;"
163Page 13, line 11, after "service;" insert—
"(   )  an assessment of any impact on providers of internet-based services;"
164Page 13, line 11, after "service;" insert—
"(   )  an assessment of the extent to which copyright infringement notices and litigation using evidence obtained in copyright infringement lists has been unsuccessful in significantly reducing the level of copyright infringement using internet services;
(   )  consideration of the findings of reports prepared by OFCOM under section 124F;"
 

LORD RAZZALL

 

LORD CLEMENT-JONES

165Page 13, leave out line 12
 

LORD LUCAS

166Page 13, line 12, at end insert—
"(   )  an assessment as to whether any measures that OFCOM recommends are compatible with the Human Rights Act 1998, show due respect for the principle of presumption of innocence and the right to privacy, and guarantee a prior fair and impartial procedure"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

167Page 13, line 12, at end insert—
"(4A)  When making an assessment under this section OFCOM may identify particular technical measures.
(4B)  For each technical measure identified under subsection (4A), OFCOM shall include in its report an assessment of—
(a)  the technical capability of internet service providers to comply with an obligation to introduce the technical measure;
(b)  the likely economic impact of the obligation on internet service providers in the United Kingdom;
(c)  the likely impact of the technical measure on communications services and information society services in the United Kingdom;
(d)  the degree to which copyright infringement is likely to be reduced by the introduction of the technical measure; and
(e)  such other factors as appear to OFCOM to be relevant in a cost-benefit analysis."
 

BARONESS MILLER OF CHILTHORNE DOMER

168Page 13, line 12, at end insert—
"(   )  OFCOM may make a recommendation that the Secretary of State consider introducing a technical measure identified in this section."
 

LORD RAZZALL

 

LORD CLEMENT-JONES

169Page 13, leave out lines 13 to 15
 

LORD LUCAS

170Page 13, line 13, after "providers" insert "and copyright owners"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

171Page 13, line 15, at end insert—
"(   )  The Secretary of State shall lay any report made by OFCOM under this section before both Houses of Parliament as soon as practicable after it is received."
 

LORD LUCAS

172Page 13, line 17, at end insert—
"(7)  In carrying out an assessment under subsection (1), OFCOM must consider whether—
(a)  there are arrangements in place for the wholesale licensing of copyright works for distribution on the internet which are fair, reasonable and comprehensive; and
(b)  the market in which copyright works are sold to the public via the internet is properly functioning.
(8)  OFCOM must recommend that no technical measures are adopted by the Secretary of State unless it is satisfied itself of subsection(7)(a) and (b).""
 

Clause 11

 

LORD LUCAS

173Page 13, line 22, leave out "the Secretary of State" and insert "OFCOM"
 

BARONESS MILLER OF CHILTHORNE DOMER

174Page 13, line 23, leave out from "appropriate" to end of line 26 and insert "following a recommendation from OFCOM under section 124G"
 

LORD WHITTY

174APage 13, line 23, leave out "in view of" and insert "following"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

175Page 13, line 25, leave out "or" and insert "and"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

 

LORD RAZZALL

 

LORD CLEMENT-JONES

176Page 13, leave out line 26
 

LORD RAZZALL

 

LORD CLEMENT-JONES

177Page 13, line 28, at end insert—
"(   )  An order under this section must not be made until at least a year after the digital Economy Act 2010 has been passed."
 

LORD WHITTY

177APage 13, leave out lines 30 and 31
 

LORD MANDELSON

177BPage 13, line 33, at end insert—
"(   )  No order is to be made under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.""
 

LORD LUCAS

178Page 13, line 33, at end insert—
"(   )  An order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament."
179Page 13, line 33, at end insert—
"(   )  The order shall require copyright owners to recompense internet service providers for the costs incurred as a result of the imposition of the technical obligation."
 

LORD RAZZALL

 

LORD CLEMENT-JONES

180Page 13, line 33, at end insert—
"(   )  An order under this section must be made by statutory instrument.
(   )  Before making any order under this section, the Secretary of State must consult such persons who the Secretary of State thinks likely to be affected by the order, or who represent any of those persons, as the Secretary of State thinks fit.
(   )  A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament."
 

BARONESS MILLER OF CHILTHORNE DOMER

181Page 13, line 33, at end insert—
"(   )  An order made under this section shall expire three years after it comes into force, unless it is renewed."
 

LORD LUCAS

 

BARONESS MILLER OF CHILTHORNE DOMER

182Page 13, line 33, at end insert—
"(4)  An order made under this section shall expire three years after it comes into force, unless it is renewed.
(5)  At any time prior to the expiry of an order made under this section the Secretary of State may direct OFCOM to make—
(a)  an assessment of the effect of an order made under this section; and
(b)  a recommendation as to whether the order should be renewed.
(6)  When directing OFCOM to carry out an assessment or make a recommendation under subsection (5), the Secretary of State may also direct OFCOM to—
(a)  consult copyright owners, internet service providers, subscribers or any other person;
(b)  carry out an assessment of the likely efficacy of a technical measure in relation to a particular type of internet access service; and
(c)  take steps to prepare a proposed technical obligations code.
(7)  In making an assessment under subsection (5)(a), OFCOM shall include in its report an assessment of any directions given under subsection (6)(b).
(8)  The Secretary of State must lay before Parliament a report made under subsection (5) as soon as practicable after it is received.
(9)  At any time prior to the expiry of an order made under this section the Secretary of State may renew that order for successive periods of three years following a recommendation from OFCOM."
 

Clause 13

 

LORD LUCAS

183Page 14, line 32, at end insert—
"(   )  that it makes proper provision for rights of appeal by subscribers concerning notifications (see subsection (1A));"
 

LORD RAZZALL

 

LORD CLEMENT-JONES

184Page 14, line 39, at end insert—
"(   )  that regard is had to the nature of any service made available by a subscriber that is a library or an eduational or cultural establishment, to its staff, members or users, and the degree of control that such organisations have over their internet access"
 

LORD LUCAS

185Page 14, line 39, 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."
 

LORD WHITTY

186Page 14, leave out lines 41 to 45
187Page 14, line 41, leave out from beginning to end of line 27 on page 15 and insert—
"(   )  that technical measures may only be applied against subscribers after a court ruling which determines that a subscriber has infringed copyright through the use of a peer-to-peer filesharing network;
(   )  that courts shall be given power to—
(i)  withdraw a technical measure;
(ii)  confirm a technical measure;
(iii)  take any steps that a person administering or enforcing the code could take in relation to the act or omission giving rise to the technical measure"
188Page 15, leave out lines 1 to 27
 

LORD RAZZALL

 

LORD CLEMENT-JONES

189Page 15, line 4, at end insert—
"(   )  that, on appeal, the burden of proof lies with the copyright owner;"
190Page 15, line 4, at end insert—
"(   )  that subscriber appeals are to be paid for by the copyright owner;"
191Page 15, line 28, leave out "may" and insert "must"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

192Page 15, line 32, at end insert "or"
193Page 15, line 36, at end insert "and must include"
 

LORD RAZZALL

 

LORD CLEMENT-JONES

194Page 15, line 36, 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;"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

 

EARL OF ERROLL

195Page 15, line 40, 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

196Page 15, line 40, at end insert—
"(   )  provision that provides that a subscriber is not liable in respect of copyright infringement for the use of that network by authorised or unauthorised third parties"
197Page 15, line 40, at end insert—
"(   )  provision that provides that a subscriber that is a library or an educational or cultural establishment is not liable in respect of copyright infringement for the use of that network by authorised or unauthorised third parties"

 
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25 January 2010