Session 2016-17
Internet Publications
Other Bills before Parliament


 
 

 

LORDS AMENDMENTS TO THE

DIGITAL ECONOMY BILL

[The page and line references are to HL Bill 80, the bill as first printed for the Lords]

Clause 1

1

Page 1, leave out lines 11 and 12 and insert—

 

“(2B)    

The universal service order must specify that the target for broadband

 

connections and services to be provided before 2020 must have—

 

(a)    

speeds of 2 gigabits or more;

 

(b)    

fibre to the premises (FTTP) as a minimum standard;

 

(c)    

appropriate measures to ensure that internet speed levels are not

 

affected by high contention ratios;

 

(d)    

appropriate measures to ensure service providers run low latency

 

networks.

 

(2BA)    

The universal service order must specify as soon as reasonably practicable

 

that, by 2020, the following will be available in every household in the

 

United Kingdom—

 

(a)    

download speeds of 30 megabits per second;

 

(b)    

upload speeds of 6 megabits per second;

 

(c)    

fast response times;

 

(d)    

committed information rates of 10 megabits per second;

 

(e)    

an unlimited usage cap.

 

(2BB)    

In meeting the obligations set out in subsection (1), internet service

 

providers have a duty to ensure that their networks offer at least the

 

minimum standards specified in subsection (2BA) to every household in

 

areas of low population density, before deploying their networks in urban

 

areas.

 

(2BC)    

The Secretary of State must ensure that—

 

(a)    

the premises of small and medium-sized enterprises are prioritised

 

in the roll-out of the universal service broadband obligation;

 

(b)    

rollout of universal service broadband obligations is delivered on a

 

fair and competitive basis.

 
 

 
 

2

 
 

(2BD)    

The universal service order shall, in particular, say that mobile network

 

coverage must be provided to the whole of the United Kingdom.”

After Clause 2

2

Insert the following new Clause—

 

“Bill limits for mobile phone contracts

 

(1)    

A telecommunications service provider supplying a contract relating to a

 

handheld mobile telephone must, at the time of entering into such a

 

contract—

 

(a)    

allow the end-user the opportunity to place a financial cap on the

 

monthly bill under that contract;

 

(b)    

allow the end-user to roam (at no extra charge) to another provider,

 

which meets the specified standards or obligation as provided for

 

in section 3, or to deem the contract to have been terminated by a

 

consistent breach of the standards or obligation as provided for in

 

section 3;

 

(c)    

allow the end-user to switch mobile providers according to rules set

 

out by OFCOM in accordance with the following principles—

 

(i)    

that switching must be free to the consumer, unless the

 

consumer is aware of and has consented to fair and

 

reasonable restrictions and charges to do so;

 

(ii)    

that the switching process itself must be quick, and on an

 

agreed date;

 

(iii)    

that consumers must have access to their consumption or

 

transaction data, and this must be in a format that can be

 

easily reused and they must be able to authorise third

 

parties such as comparison sites to access their data to help

 

them to switch;

 

(iv)    

that sites and tools providing comparisons to consumers

 

that receive payments from suppliers must make clear

 

where the payments affect the presentation of results; and

 

(v)    

that there must be an effective process for consumers to

 

receive redress if there are any problems with the service.

 

(2)    

A telecommunications service provider under subsection (1) must not

 

begin to supply a contracted service to an end-user unless the end-user has

 

either—

 

(a)    

requested the monthly cap be put in place and agreed the amount

 

of that cap, or

 

(b)    

decided, with the decision recorded on a durable medium, not to

 

put a monthly cap in place.

 

(3)    

An end-user may, after the start of the contracted service—

 

(a)    

contact the service provider to require a cap to be put in place and

 

agree the amount of that cap, or

 

(b)    

require a cap to be removed, with the requirement recorded on a

 

durable medium.

 

(4)    

The end-user should bear no cost for the supply of any service above the

 

cap if the provider has—

 

(a)    

failed to impose a cap agreed under subsection (2)(a) or (3)(a); or

 
 

 


 
 

3

 
 

(b)    

removed the cap without the end-user’s express consent, provided

 

on a durable medium as required under subsection (2)(b) or (3)(b).”

Clause 9

3

Leave out Clause 9

Clause 15

4

Page 18, line 7, leave out subsection (1) and insert—

 

“(1)    

A person contravenes this subsection if the person makes pornographic

 

material available on the internet to persons in the United Kingdom on a

 

commercial basis other than in a way that secures that, at any given time,

 

the material is not normally accessible by persons under the age of 18.”

 

5

Page 18, line 11, leave out subsection (2)

 

6

Page 18, line 16, at end insert—

 

“(2A)    

The Secretary of State may make regulations specifying, for the purposes of

 

this Part, circumstances in which material is or is not to be regarded as

 

made available on a commercial basis.

 

(2B)    

The regulations may, among other things, prescribe circumstances in

 

which material made available free of charge is or is not to be regarded as

 

made available on a commercial basis.

 

(2C)    

Regulations under subsection (2A) may provide for circumstances to be

 

treated as existing where it is reasonable to assume that they exist.”

 

7

Page 18, line 17, leave out subsection (3)

 

8

Page 18, line 33, leave out paragraph (b)

 

9

Page 18, line 36, at end insert—

 

“( )    

Regulations under subsection (2A) may make different provision for

 

different purposes.

 

( )    

Regulations under subsection (2A) are to be made by statutory instrument.

 

( )    

A statutory instrument containing regulations under subsection (2A) is

 

subject to annulment in pursuance of a resolution of either House of

 

Parliament.

 

( )    

But a statutory instrument containing the first regulations under that

 

subsection may not be made unless a draft of the instrument has been laid

 

before and approved by a resolution of each House of Parliament.”

 
 

 


 
 

4

 

Clause 16

10

Page 18, line 38, before “means” insert “(except in the expression “extreme

 

pornographic material”)”

 

11

Page 19, line 17, at end insert—

 

“(g)    

a video work that the video works authority has determined not to

 

be suitable for a classification certificate to be issued in respect of it,

 

if—

 

(i)    

it includes material (other than extreme pornographic

 

material) that it is reasonable to assume from its nature was

 

produced solely or principally for the purposes of sexual

 

arousal, and

 

(ii)    

it is reasonable to assume from the nature of that material

 

that its inclusion was among the reasons why the video

 

works authority made that determination;

 

(h)    

material (other than extreme pornographic material) that was

 

included in a video work that the video works authority has

 

determined not to be suitable for a classification certificate to be

 

issued in respect of it, if it is reasonable to assume from the nature

 

of the material—

 

(i)    

that it was produced solely or principally for the purposes

 

of sexual arousal, and

 

(ii)    

that its inclusion was among the reasons why the video

 

works authority made that determination;

 

(i)    

any other material (other than extreme pornographic material) if it

 

is reasonable to assume from the nature of the material—

 

(i)    

that it was produced solely or principally for the purposes

 

of sexual arousal, and

 

(ii)    

that the video works authority would determine that a

 

video work including it was not suitable for a classification

 

certificate to be issued in respect of it.”

Clause 17

12

Page 19, line 48, leave out “this Part” and insert “—

 

(a)    

all of the functions of the age-verification regulator under this Part,

 

or

 

(b)    

any of those functions specified in the notice by which the

 

designation is made.

 

( )    

Different persons may be designated for the purposes of different

 

functions.”

 

13

Page 20, line 8, leave out from “that” to end of line 9 and insert “—

 

(a)    

arrangements will be maintained by the age-verification regulator

 

for appeals to which subsection (4A) applies, and

 

(b)    

any person hearing an appeal under those arrangements will be

 

sufficiently independent of the age-verification regulator.

 
 

 


 
 

5

 
 

(4A)    

This subsection applies to appeals—”

Clause 18

14

Page 20, line 29, leave out subsection (1) and insert—

 

“(1)    

Where the Secretary of State proposes to make a designation under section

 

17, the Secretary of State must lay before both Houses of Parliament—

 

(a)    

particulars of that proposed designation, and

 

(b)    

a statement of the reasons why the Secretary of State is satisfied

 

about the matters mentioned in section 17(4).”

 

15

Page 20, line 35, at end insert—

 

“(3A)    

But subsection (3B) applies, instead of subsections (2) and (3), where the

 

proposed designation would be—

 

(a)    

the first to be made under section 17, or

 

(b)    

the first to be made under that section for the purposes of a

 

particular function.

 

(3B)    

The Secretary of State may not make the designation unless it has been

 

approved by a resolution of each House of Parliament.”

 

16

Page 20, line 36, leave out “subsection (3) is” and insert “subsections (3) and (3B)

 

are”

 

17

Page 20, line 40, leave out “the House of Commons and the House of Lords” and

 

insert “each House of Parliament”

Clause 19

18

Page 21, line 10, leave out “a” and insert “any other”

Clause 21

19

Page 23, line 24, at end insert—

 

“( )    

The Secretary of State must lay before both Houses of Parliament the

 

guidelines, and any revised guidelines, published under this section.”

Clause 22

20

Page 23, line 44, leave out “prohibited” and insert “extreme pornographic”

 

 
 

 


 
 

6

21

Page 24, line 6, leave out paragraph (b) and insert—

 

“(b)    

state whether it is subsection (1)(a) that applies or subsection (1)(b)

 

or both;”

 

22

Page 24, line 11, leave out subsection (4)

 

23

Page 24, line 28, leave out “prohibited” and insert “extreme pornographic”

 

24

Page 24, line 33, leave out “prohibited” and insert “extreme pornographic”

 

25

Page 24, line 38, at end insert—

 

“(7)    

For the purposes of subsection (6)(b), a means of accessing the internet does

 

not include a device or other equipment for doing so.”

 

26

Page 24, line 39, leave out subsection (7)

 

27

Page 24, line 43, leave out subsection (8)

After Clause 22

28

Insert the following new Clause—

 

“Meaning of “extreme pornographic material”

 

(1)    

In this Part “extreme pornographic material” means (subject to subsection

 

(3)) material—

 

(a)    

whose nature is such that it is reasonable to assume that it was

 

produced solely or principally for the purposes of sexual arousal,

 

and

 

(b)    

which is extreme.

 

(2)    

For the purposes of subsection (1)(b), material is extreme if—

 

(a)    

its content is as described in section 63(7) or (7A) of the Criminal

 

Justice and Immigration Act 2008, and

 

(b)    

it is grossly offensive, disgusting or otherwise of an obscene

 

character.

 

(3)    

Material to which paragraphs (a) and (b) of subsection (1) apply is not

 

“extreme pornographic material” if it is or was included in a classified

 

video work, unless it is material to which subsection (4) applies.

 

(4)    

This subsection applies to material—

 

(a)    

which has been extracted from a classified video work, and

 

(b)    

whose nature is such that it is reasonable to assume that it was

 

extracted (with or without other material) solely or principally for

 

the purposes of sexual arousal.

 
 

 


 
 

7

 
 

(5)    

In this section—

 

“classified video work” means a video work in respect of which a

 

video works authority has issued a classification certificate;

 

“video work” means a video work within the meaning of the Video

 

Recordings Act 1984;

 

“video works authority” means a person designated under section

 

4(1) of the Video Recordings Act 1984;

 

“classification certificate” has the same meaning as in the Video

 

Recordings Act 1984 (see section 7 of that Act);

 

“material” means—

 

(a)    

a still image or series of still images, with or without sound;

 

or

 

(b)    

a series of visual images shown as a moving picture, with or

 

without sound.”

Clause 23

29

Page 25, line 6, leave out “prohibited” and insert “extreme pornographic”

 

30

Page 25, line 12, leave out paragraph (b) and insert—

 

“(b)    

state whether it is subsection (1)(a) that applies or subsection (1)(b)

 

or both;”

 

31

Page 25, line 22, leave out “mentioned in section 17(4)(d)” and insert “to which

 

section 17(4A)(d) applies”

 

32

Page 26, line 17, leave out “prohibited” and insert “extreme pornographic”

 

33

Page 26, line 22, leave out “mentioned in section 17(4)(e)” and insert “to which

 

section 17(4A)(e) applies”

 

34

Page 26, line 29, leave out “prohibited” and insert “extreme pornographic”

 

35

Page 26, leave out line 31

After Clause 23

 

 


 
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Revised 19 April 2017