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Digital
Economy Bill [HL] |
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[The
page and line references are to Bill 89, the bill as first printed
for the Commons] |
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1 |
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2 |
Page 11, line 23, leave
out from “transparent” to end of line 26 |
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3 |
Page 15, line 25, after
“unless” insert— |
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“(a) |
the Secretary of State has
complied with subsections (6) to (10), and |
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4 |
Page 15, line 27, at
end insert— |
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“(6) |
If the Secretary of State
proposes to make an order under this section, the |
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Secretary of State must
lay before Parliament a document that— |
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(a) |
explains the proposal, and |
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(b) |
sets it out in the form
of a draft order. |
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(7) |
During the period of 60
days beginning with the day on which the |
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document was laid under
subsection (6) (“the 60-day period”), the |
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Secretary of State may
not lay before Parliament a draft order to give effect |
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to the proposal (with or
without modifications). |
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(8) |
In preparing a draft order
under this section to give effect to the proposal, |
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the Secretary of State
must have regard to any of the following that are |
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made with regard to the
draft order during the 60-day period— |
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(a) |
any representations, and |
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(b) |
any recommendations of
a committee of either House of Parliament |
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charged with reporting on
the draft order. |
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(9) |
When laying before Parliament
a draft order to give effect to the proposal |
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(with or without modifications),
the Secretary of State must also lay a |
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document that explains
any changes made to the proposal contained in the |
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document laid before Parliament
under subsection (6). |
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(10) |
In calculating the 60-day
period, no account is to be taken of any time |
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during which Parliament
is dissolved or prorogued or during which either |
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House is adjourned for
more than 4 days.” |
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5 |
Page 19, line 42, after
“provider” insert “or owner” |
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6 |
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7 |
Insert the following
new Clause— |
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“Power to make
provision about injunctions preventing access to locations on
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(1) |
The Secretary of State
may by regulations make provision about the |
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granting by a court of
a blocking injunction in respect of a location on the |
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internet which the court
is satisfied has been, is being or is likely to be used |
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for or in connection with
an activity that infringes copyright. |
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(2) |
“Blocking injunction”
means an injunction that requires a service provider |
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to prevent its service
being used to gain access to the location. |
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(3) |
The Secretary of State
may not make regulations under this section unless |
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(a) |
the use of the internet
for activities that infringe copyright is having |
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a serious adverse effect
on businesses or consumers, |
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(b) |
making the regulations
is a proportionate way to address that |
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(c) |
making the regulations
would not prejudice national security or the |
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prevention or detection
of crime. |
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(4) |
The regulations must provide
that a court may not grant an injunction |
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unless satisfied that the
location is— |
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(a) |
a location from which a
substantial amount of material has been, is |
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being or is likely to be
obtained in infringement of copyright, |
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(b) |
a location at which a substantial
amount of material has been, is |
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being or is likely to be
made available in infringement of copyright, |
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(c) |
a location which has been,
is being or is likely to be used to facilitate |
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access to a location within
paragraph (a) or (b). |
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(5) |
The regulations must provide
that, in determining whether to grant an |
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injunction, the court must
take account of— |
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(a) |
any evidence presented
of steps taken by the service provider, or by |
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an operator of the location,
to prevent infringement of copyright in |
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(b) |
any evidence presented
of steps taken by the copyright owner, or |
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by a licensee of copyright
in the qualifying material, to facilitate |
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lawful access to the qualifying
material, |
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(c) |
any representations made
by a Minister of the Crown, |
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(d) |
whether the injunction
would be likely to have a disproportionate |
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effect on any person’s
legitimate interests, and |
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(e) |
the importance of freedom
of expression. |
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(6) |
The regulations must provide
that a court may not grant an injunction |
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unless notice of the application
for the injunction has been given, in such |
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form and by such means
as is specified in the regulations, to— |
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(a) |
the service provider, and |
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(b) |
operators of the location. |
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(7) |
The regulations may, in
particular— |
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(a) |
make provision about when
a location is, or is not, to be treated as |
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being used to facilitate
access to another location, |
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(b) |
provide that notice of
an application for an injunction may be given |
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to operators of a location
by being published in accordance with the |
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(c) |
provide that a court may
not make an order for costs against the |
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(d) |
make different provision
for different purposes, and |
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(e) |
make incidental, supplementary,
consequential, transitional, |
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transitory or saving provision. |
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(a) |
modify Chapter 6 of Part
1 of the Copyright, Designs and Patents |
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(b) |
make consequential provision
modifying Acts and subordinate |
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(9) |
Regulations under this
section may not include provision in respect of |
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proceedings before a court
in England and Wales without the consent of |
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(10) |
Regulations under this
section must be made by statutory instrument. |
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(11) |
A statutory instrument
containing regulations under this section may not |
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(a) |
the Secretary of State
has complied with section [Consultation
and |
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Parliamentary
scrutiny], and |
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(b) |
a draft of the instrument
has been laid before and approved by a |
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resolution of each House
of Parliament. |
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“copyright owner”
has the same meaning as in Part 1 of the Copyright, |
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Designs and Patents Act
1988; |
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“Minister of the
Crown” has the same meaning as in the Ministers of |
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“modify” includes
amend, repeal or revoke; |
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“operator”,
in relation to a location on the internet, means a person |
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who has editorial control
over material available at the location; |
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“qualifying material”,
in relation to an injunction, means the material |
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taken into account by the
court for the purposes of provision made |
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“service provider”
has the same meaning as in section 97A of the |
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Copyright, Designs and
Patents Act 1988; |
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“subordinate legislation”
has the same meaning as in the |
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(13) |
In the application of this
section to Scotland— |
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“injunction”
means interdict.” |
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8 |
Insert the following
new Clause— |
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“Consultation and
Parliamentary scrutiny |
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(1) |
Before making regulations
under section [Power to make
provision about |
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injunctions
preventing access to locations on the internet] the Secretary
of State |
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(a) |
the Lord President of the
Court of Session and the Lord Chief |
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Justice of Northern Ireland, |
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(b) |
the persons that the Secretary
of State thinks likely to be affected by |
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the regulations (or persons
who represent such persons), and |
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(c) |
such other persons as the
Secretary of State thinks fit. |
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(2) |
If, following the consultation
under subsection (1), the Secretary of State |
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proposes to make regulations
under section [Power to make
provision about |
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injunctions
preventing access to locations on the internet], the
Secretary of State |
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must lay before Parliament
a document that— |
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(a) |
explains the proposal and
sets it out in the form of draft regulations, |
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(b) |
explains the reasons why
the Secretary of State is satisfied in |
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relation to the matters
listed in section [Power
to make provision about |
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injunctions
preventing access to locations on the internet](3)(a)
to (c), |
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(c) |
contains a summary of any
representations made during the |
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consultation under subsection
(1). |
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(3) |
During the period of 60
days beginning with the day on which the |
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document was laid under
subsection (2) (“the 60-day period”), the |
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Secretary of State may
not lay before Parliament a draft statutory |
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instrument containing regulations
to give effect to the proposal (with or |
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(4) |
In preparing draft regulations
under section [Power to make
provision about |
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injunctions
preventing access to locations on the internet] to give
effect to the |
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proposal, the Secretary
of State must have regard to any of the following |
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that are made with regard
to the draft regulations during the 60-day |
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(a) |
any representations, and |
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(b) |
any recommendations of
a committee of either House of Parliament |
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charged with reporting on
the draft regulations. |
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(5) |
When laying before Parliament
a draft statutory instrument containing |
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regulations to give effect
to the proposal (with or without modifications), |
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the Secretary of State
must also lay a document that explains any changes |
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made to the proposal contained
in the document laid before Parliament |
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|
|
(6) |
In calculating the 60-day
period, no account is to be taken of any time |
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during which Parliament
is dissolved or prorogued or during which either |
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House is adjourned for
more than 4 days.” |
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9 |
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10 |
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11 |
Page 59, line 44, at
end insert “and the entry in Schedule 3 relating to the
Public |
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Lending Right Act 1979
(and section 47 so far as it relates to that entry)” |
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12 |
Page 60, line 3, leave
out subsection (2) |
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13 |
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14 |
Line 2, leave out from
“copyright” to “to” in line 3 and insert
“and about penalties |
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for infringement of
copyright and performers’ rights” |
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