Digital Economy Bill — Report (2nd Day) — 20 Mar 2017 at 17:45
Moved by Lord Ashton of Hyde
25B: Clause 15, 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.”
Moved by Lord Ashton of Hyde
25C: Clause 15, page 18, line 11, leave out subsection (2)
Moved by Lord Ashton of Hyde
25D: Clause 15, 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.”
25E: Clause 15, page 18, line 17, leave out subsection (3)
25F: Clause 15, 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.”
Moved by Lord Ashton of Hyde
25G: Clause 16, page 18, line 38, before “means” insert “(except in the expression “extreme pornographic material”)”
25H: Clause 16, 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.”
Moved by Baroness Jones of Whitchurch
25J: Clause 17, page 19, line 47, leave out “may” and insert “must”
Moved by Lord Ashton of Hyde
25L: Clause 17, 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.”
Moved by Lord Ashton of Hyde
25M: Clause 17, 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.(4A) This subsection applies to appeals-”
Moved by Baroness Jones of Whitchurch
25P: Clause 17, page 20, line 27, at end insert-“(8) In designating two or more persons under subsection (1), the Secretary of State must specify that the same persons may not carry out functions under the sections specified in subsection (9), and the functions specified in subsection (10). (9) The functions specified in this subsection are the steps taken by the age verification regulator to identify that a person is-(a) contravening section 15(1);(b) making extreme pornographic material available on the internet to persons in the United Kingdom.(10) The functions specified in this subsection are the enforcement powers under sections 20 to 23.(11) The person or persons carrying out the age verification functions under subsection (9) must notify the person or persons carrying out the enforcement functions under subsection (10) of an identification under subsection (9), to enable that person or persons to take the necessary enforcement action.(12) Appeals procedures must be carried out by a body that is fully independent of the regulator responsible for the functions set out in subsection (9).(13) The regulator assuming the duties specified in subsection (9) is to be a body corporate which is independent from the Government and all appointments to the regulator are to be subject to fair and open competition.(14) No designation shall be made under this section until the Secretary of State consults all such persons as he or she considers appropriate on the role of the age-verification regulator for the purposes of this Part.”
Ayes 155, Noes 209.
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