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Digital Economy Bill [HL]

Commons amendments

[The page and line references are to Bill 89, the bill as first printed for the Commons]

Clause 1

1

Leave out Clause 1

Clause 8

2

Page 11, line 23, leave out from “transparent” to end of line 26

Clause 11

3

Page 15, line 25, after “unless” insert—

 

“(a)    

the Secretary of State has complied with subsections (6) to (10), and

 

(b)    

4

Page 15, line 27, at end insert—

 

“(6)    

If the Secretary of State proposes to make an order under this section, the

 

Secretary of State must lay before Parliament a document that—

 

(a)    

explains the proposal, and

 

(b)    

sets it out in the form of a draft order.

 

(7)    

During the period of 60 days beginning with the day on which the

 

document was laid under subsection (6) (“the 60-day period”), the

 

Secretary of State may not lay before Parliament a draft order to give effect

 

to the proposal (with or without modifications).

 

(8)    

In preparing a draft order under this section to give effect to the proposal,

 

the Secretary of State must have regard to any of the following that are

 

made with regard to the draft order during the 60-day period—

 

(a)    

any representations, and

 

(b)    

any recommendations of a committee of either House of Parliament

 

charged with reporting on the draft order.

 

(9)    

When laying before Parliament a draft order to give effect to the proposal

 

(with or without modifications), the Secretary of State must also lay a

 
 
HL Bill 55 54/5

 
 

2

 
 

document that explains any changes made to the proposal contained in the

 

document laid before Parliament under subsection (6).

 

(10)    

In calculating the 60-day period, no account is to be taken of any time

 

during which Parliament is dissolved or prorogued or during which either

 

House is adjourned for more than 4 days.”

Clause 15

5

Page 19, line 42, after “provider” insert “or owner”

Clause 18

6

Leave out Clause 18

After Clause 18

7

Insert the following new Clause—

 

“Power to make provision about injunctions preventing access to locations on

 

the internet

 

(1)    

The Secretary of State may by regulations make provision about the

 

granting by a court of a blocking injunction in respect of a location on the

 

internet which the court is satisfied has been, is being or is likely to be used

 

for or in connection with an activity that infringes copyright.

 

(2)    

“Blocking injunction” means an injunction that requires a service provider

 

to prevent its service being used to gain access to the location.

 

(3)    

The Secretary of State may not make regulations under this section unless

 

satisfied that—

 

(a)    

the use of the internet for activities that infringe copyright is having

 

a serious adverse effect on businesses or consumers,

 

(b)    

making the regulations is a proportionate way to address that

 

effect, and

 

(c)    

making the regulations would not prejudice national security or the

 

prevention or detection of crime.

 

(4)    

The regulations must provide that a court may not grant an injunction

 

unless satisfied that the location is—

 

(a)    

a location from which a substantial amount of material has been, is

 

being or is likely to be obtained in infringement of copyright,

 

(b)    

a location at which a substantial amount of material has been, is

 

being or is likely to be made available in infringement of copyright,

 

or

 

(c)    

a location which has been, is being or is likely to be used to facilitate

 

access to a location within paragraph (a) or (b).

 

(5)    

The regulations must provide that, in determining whether to grant an

 

injunction, the court must take account of—

 

(a)    

any evidence presented of steps taken by the service provider, or by

 

an operator of the location, to prevent infringement of copyright in

 

the qualifying material,

 
 

 
 

3

 
 

(b)    

any evidence presented of steps taken by the copyright owner, or

 

by a licensee of copyright in the qualifying material, to facilitate

 

lawful access to the qualifying material,

 

(c)    

any representations made by a Minister of the Crown,

 

(d)    

whether the injunction would be likely to have a disproportionate

 

effect on any person’s legitimate interests, and

 

(e)    

the importance of freedom of expression.

 

(6)    

The regulations must provide that a court may not grant an injunction

 

unless notice of the application for the injunction has been given, in such

 

form and by such means as is specified in the regulations, to—

 

(a)    

the service provider, and

 

(b)    

operators of the location.

 

(7)    

The regulations may, in particular—

 

(a)    

make provision about when a location is, or is not, to be treated as

 

being used to facilitate access to another location,

 

(b)    

provide that notice of an application for an injunction may be given

 

to operators of a location by being published in accordance with the

 

regulations,

 

(c)    

provide that a court may not make an order for costs against the

 

service provider,

 

(d)    

make different provision for different purposes, and

 

(e)    

make incidental, supplementary, consequential, transitional,

 

transitory or saving provision.

 

(8)    

The regulations may—

 

(a)    

modify Chapter 6 of Part 1 of the Copyright, Designs and Patents

 

Act 1988, and

 

(b)    

make consequential provision modifying Acts and subordinate

 

legislation.

 

(9)    

Regulations under this section may not include provision in respect of

 

proceedings before a court in England and Wales without the consent of

 

the Lord Chancellor.

 

(10)    

Regulations under this section must be made by statutory instrument.

 

(11)    

A statutory instrument containing regulations under this section may not

 

be made unless—

 

(a)    

the Secretary of State has complied with section [Consultation and

 

Parliamentary scrutiny], and

 

(b)    

a draft of the instrument has been laid before and approved by a

 

resolution of each House of Parliament.

 

(12)    

In this section—

 

“copyright owner” has the same meaning as in Part 1 of the Copyright,

 

Designs and Patents Act 1988;

 

“Minister of the Crown” has the same meaning as in the Ministers of

 

the Crown Act 1975;

 

“modify” includes amend, repeal or revoke;

 

“operator”, in relation to a location on the internet, means a person

 

who has editorial control over material available at the location;

 
 

 
 

4

 
 

“qualifying material”, in relation to an injunction, means the material

 

taken into account by the court for the purposes of provision made

 

under subsection (4);

 

“service provider” has the same meaning as in section 97A of the

 

Copyright, Designs and Patents Act 1988;

 

“subordinate legislation” has the same meaning as in the

 

Interpretation Act 1978.

 

(13)    

In the application of this section to Scotland—

 

“costs” means expenses;

 

“injunction” means interdict.”

8

Insert the following new Clause—

 

“Consultation and Parliamentary scrutiny

 

(1)    

Before making regulations under section [Power to make provision about

 

injunctions preventing access to locations on the internet] the Secretary of State

 

must consult—

 

(a)    

the Lord President of the Court of Session and the Lord Chief

 

Justice of Northern Ireland,

 

(b)    

the persons that the Secretary of State thinks likely to be affected by

 

the regulations (or persons who represent such persons), and

 

(c)    

such other persons as the Secretary of State thinks fit.

 

(2)    

If, following the consultation under subsection (1), the Secretary of State

 

proposes to make regulations under section [Power to make provision about

 

injunctions preventing access to locations on the internet], the Secretary of State

 

must lay before Parliament a document that—

 

(a)    

explains the proposal and sets it out in the form of draft regulations,

 

(b)    

explains the reasons why the Secretary of State is satisfied in

 

relation to the matters listed in section [Power to make provision about

 

injunctions preventing access to locations on the internet](3)(a) to (c),

 

and

 

(c)    

contains a summary of any representations made during the

 

consultation under subsection (1).

 

(3)    

During the period of 60 days beginning with the day on which the

 

document was laid under subsection (2) (“the 60-day period”), the

 

Secretary of State may not lay before Parliament a draft statutory

 

instrument containing regulations to give effect to the proposal (with or

 

without modifications).

 

(4)    

In preparing draft regulations under section [Power to make provision about

 

injunctions preventing access to locations on the internet] to give effect to the

 

proposal, the Secretary of State must have regard to any of the following

 

that are made with regard to the draft regulations during the 60-day

 

period—

 

(a)    

any representations, and

 

(b)    

any recommendations of a committee of either House of Parliament

 

charged with reporting on the draft regulations.

 

(5)    

When laying before Parliament a draft statutory instrument containing

 

regulations to give effect to the proposal (with or without modifications),

 
 

 
 

5

 
 

the Secretary of State must also lay a document that explains any changes

 

made to the proposal contained in the document laid before Parliament

 

under subsection (2).

 

(6)    

In calculating the 60-day period, no account is to be taken of any time

 

during which Parliament is dissolved or prorogued or during which either

 

House is adjourned for more than 4 days.”

Clause 29

9

Leave out Clause 29

Clause 43

10

Leave out Clause 43

Clause 49

11

Page 59, line 44, at end insert “and the entry in Schedule 3 relating to the Public

 

Lending Right Act 1979 (and section 47 so far as it relates to that entry)”

Clause 50

12

Page 60, line 3, leave out subsection (2)

Schedule 2

13

Leave out Schedule 2

In the Title

14

Line 2, leave out from “copyright” to “to” in line 3 and insert “and about penalties

 

for infringement of copyright and performers’ rights”

     
 
     

 
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