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Other Bills before Parliament

Digital Economy Bill [HL]


Digital Economy Bill [HL]

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(5)   

In subsection (5) after “those sums must” insert “, subject to subsection (5A),”.

(6)   

After subsection (5) insert—

“(5A)   

The regulations may, with the consent of the Secretary of State, make

provision permitting or requiring a surrendered-spectrum licence to

which the regulations apply to include—

5

(a)   

provision requiring all or part of a sum that would otherwise be

payable to OFCOM under subsection (5) to be paid to a person

who was or is the holder of a predecessor licence;

(b)   

provision requiring a sum in addition to that payable to

OFCOM under subsection (5) to be paid to such a person;

10

(c)   

provision specifying any such sum or part or the method for

determining it.”

(7)   

After subsection (8) insert—

“(9)   

In subsection (5A) “surrendered-spectrum licence” and “predecessor

licence” have the meaning given by section 12(8) and (9).”

15

40      

Enforcement of licence terms etc

(1)   

In Chapter 4 of Part 2 of the Wireless Telegraphy Act 2006 (enforcement of

regulation of radio spectrum) after section 43 insert—

“43A    

Special procedure for contraventions of certain provisions

(1)   

OFCOM may impose a penalty on a person if—

20

(a)   

that person is or has been in contravention in any respect of a

provision, term or limitation of a wireless telegraphy licence;

(b)   

OFCOM have notified that person that it appears to them that

the provision, term or limitation has been contravened in that

respect;

25

(c)   

this section applies to that contravention by virtue of provision

included in the licence; and

(d)   

that contravention is not one in respect of which proceedings

for an offence under this Chapter have been brought against

that person.

30

(2)   

A licence may provide in accordance with subsection (1)(c) that this

section applies to the contravention of a provision, term or limitation

only if it appears to OFCOM that a direction under section 5 requires

the provision, term or limitation to be included in the licence.

(3)   

Where OFCOM impose a penalty on a person under this section, they

35

must—

(a)   

notify that person of that decision and of their reasons for that

decision; and

(b)   

in that notification, fix a reasonable period after it is given as the

period within which the penalty is to be paid.

40

(4)   

A penalty imposed under this section—

(a)   

must be paid to OFCOM; and

(b)   

if not paid within the period fixed by them, is to be recoverable

by them accordingly.

 
 

Digital Economy Bill [HL]

48

 

(5)   

No proceedings for an offence under this Chapter may be commenced

against a person in respect of a contravention in respect of which a

penalty has been imposed by OFCOM under this section.

(6)   

The amount of a penalty imposed under this section is to be such

amount not exceeding 10 per cent of the relevant amount of gross

5

revenue as OFCOM think—

(a)   

appropriate; and

(b)   

proportionate to the contravention in respect of which it is

imposed.”

(2)   

In section 44 of that Act (relevant amount of gross revenue), in subsections (1)

10

and (10), after “43” insert “or 43A”.

(3)   

In section 400 of the Communications Act 2003 (destination of licence fees and

penalties), in subsection (1)(d), after “42” insert “or 43A”.

Video recordings

41      

Classification of video games etc

15

(1)   

Section 2 of the Video Recordings Act 1984 (exempted video works) is

amended as follows.

(2)   

In subsection (1)—

(a)   

after “video work” insert “other than a video game”,

(b)   

after paragraph (a) insert “or”, and

20

(c)   

omit paragraph (c) (and the word “or” before it).

(3)   

After that subsection insert—

“(1A)   

Subject to subsection (2) or (3) below, a video game is for the purposes

of this Act an exempted work if—

(a)   

it is, taken as a whole, designed to inform, educate or instruct;

25

(b)   

it is, taken as a whole, concerned with sport, religion or music;

or

(c)   

it satisfies one or more of the conditions in section 2A.”

(4)   

After subsection (3) insert—

“(4)   

The Secretary of State may by regulations amend this section—

30

(a)   

by adding or removing a case in which a video work is not an

exempted work, or

(b)   

by amending a description of such a case.”

(5)   

After section 2 of that Act insert—

“2A     

Conditions relating to video games

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(1)   

The conditions referred to in section 2(1A)(c) are as follows.

(2)   

The first condition is that the video game does not include any of the

following—

(a)   

depictions of violence towards human or animal characters,

whether or not the violence looks realistic and whether or not

40

the violence results in obvious harm,

 
 

Digital Economy Bill [HL]

49

 

(b)   

depictions of violence towards other characters where the

violence looks realistic,

(c)   

depictions of criminal activity that are likely, to any extent, to

stimulate or encourage the commission of offences,

(d)   

depictions of activities involving illegal drugs or the misuse of

5

drugs,

(e)   

words or images that are likely, to any extent, to stimulate or

encourage the use of alcohol or tobacco,

(f)   

words or images that are intended to convey a sexual message,

(g)   

swearing, or

10

(h)   

words or images that are intended or likely, to any extent, to

cause offence, whether on the grounds of race, gender,

disability, religion or belief or sexual orientation or otherwise.

(3)   

In subsection (2) “human or animal character” means a character that is,

or whose appearance is similar to that of—

15

(a)   

a human being, or

(b)   

an animal that exists or has existed in real life,

   

but does not include a simple stick character or any equally basic

representation of a human being or animal.

(4)   

The second condition is that the designated authority, or a person

20

nominated by the designated authority for the purposes of this section,

has confirmed in writing that the video game is suitable for viewing by

persons under the age of 12.

(5)   

The Secretary of State may by regulations amend this section—

(a)   

by amending the first condition, or

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(b)   

by adding a further condition (or by amending or removing

such a condition).

(6)   

Regulations under this section may make provision by reference to

documents produced by the designated authority.”

(6)   

In section 3 of that Act (exempted supplies), after subsection (8) insert—

30

“(8A)   

The supply of a video recording in the form of a machine of a type

designed primarily for use in an amusement arcade is an exempted

supply unless the video game (or, if more than one, any of the video

games) that it contains—

(a)   

depicts, to any significant extent, anything falling within section

35

2(2)(a), (b), (c) or (d) or (3), or

(b)   

is likely to any significant extent to stimulate or encourage

anything falling within section 2(2)(a) or, in the case of anything

falling within section 2(2)(b), is likely to any extent to do so.

(8B)   

The supply of any other video recording is an exempted supply if the

40

recording is supplied for the purpose only of its use in connection with

a supply that is an exempted supply under subsection (8A).”

(7)   

At the end of that section insert—

“(13)   

The Secretary of State may by regulations amend this section and the

regulations may, in particular—

45

(a)   

add a case in which the supply of a video recording is an

exempted supply for the purposes of this Act, or

 
 

Digital Economy Bill [HL]

50

 

(b)   

repeal a provision of this section.”

42      

Designated authority for video games etc

(1)   

After section 4 of the Video Recordings Act 1984 insert—

“4ZA    

Designated authorities for video games and other video works

(1)   

The power to designate a person by notice under section 4 includes

5

power to designate different persons—

(a)   

as the authority responsible for making arrangements in respect

of video games (“the video games authority”), and

(b)   

as the authority responsible for making arrangements in respect

of other video works (“the video works authority”).

10

(2)   

Where there are two designated authorities, references in this Act to the

designated authority, in relation to a video work, are references to the

designated authority responsible for making arrangements in respect

of the video work, taking account of any allocation in force under

section 4ZB.

15

4ZB     

Designated authorities: allocation of responsibility for video games

(1)   

Where there are two designated authorities, the video games authority

may, with the consent of the video works authority, allocate to that

authority responsibility—

(a)   

for a class of video games, or

20

(b)   

for video games, or a class of video games, when (and only

when) they are contained in a video recording that is described

in the allocation (whether by reference to its contents, to the

manner in which it is, or is to be, supplied or otherwise).

(2)   

If an allocation is in force—

25

(a)   

the video works authority is responsible for making

arrangements under this Act in respect of the allocated video

games, and

(b)   

the video games authority ceases to be responsible for making

such arrangements.

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(3)   

An allocation—

(a)   

must be made by a notice, and

(b)   

may be withdrawn at any time by a notice given by the video

games authority with the consent of the video works authority.

(4)   

When making or withdrawing an allocation under this section, the

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video games authority must have regard to any guidance issued by the

Secretary of State.

(5)   

A notice under this section must be—

(a)   

sent to the Secretary of State, and

(b)   

published in such manner as the video games authority

40

considers appropriate.

(6)   

A question as to which designated authority is responsible for making

arrangements in respect of a video game may be conclusively

determined by the video games authority.

 
 

 
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