The Digital Economy Bill has now been published as the Digital Economy Act 2010 following Royal Assent. The Act includes provisions relating to the UK’s communications infrastructure, public service broadcasting, copyright licensing and online infringement of copyright, and security and safety online and in video games.
Some of the measures in the Act will come into effect immediately with others coming into effect in two months’ time. Many of the Act’s provisions require further public consultation and in some cases approval by Parliament, before they can be implemented.
Further information:
(Download Factsheet: Digital Economy Act – contents and commencement as a PDF, 58.4 KB)
The Digital Economy Bill is now the Digital Economy Act 2010, following Royal Assent. This note provides an overview of its contents and the commencement of its provisions.
Summary
The Act includes provisions relating to the UK’s communications infrastructure, public service broadcasting, copyright licensing and online infringement of copyright, and security and safety online and in video games.
Some of the measures in the Act will come into effect immediately with others coming into effect in two months’ time.
Many of the Act’s provisions require further public consultation and in some cases approval by Parliament, before they can be implemented.
What is in the Digital Economy Act?
Following Government amendments in the House of Commons, the Act’s provisions cover:
- Ofcom Reports – to require the sectoral regulator, Ofcom, to carry out an assessment of the UK’s communications infrastructure every three years;
- Online infringement of copyright – to tackle online infringement of copyright, by placing obligations on Internet Service Providers to work with rights holders and, if necessary, to take technical measures against infringing subscribers. It also provides a power for the Secretary of State to introduce Regulations for rights holders to seek a court injunction to prevent access to specified online locations for the prevention of online copyright infringement;
- Internet domain registries – to provide reserve powers in respect of efficient and effective management and distribution of internet domain names;
- Channel 4 Television Corporation – to adjust Channel 4 Corporation’s functions from a focus on traditional broadcast activities to include provision of public service media content on other platforms, including the internet;
- Independent television services – to enable future alterations of the Channel 3 and Channel 5 licenses, including adjusting the requirements on Channel 3 licence holders to produce or broadcast Gaelic programming, and allowing Ofcom to provide advice to the Secretary of State on future Teletext licences;
- Digital radio – to provide arrangements for digital switchover by making changes to the existing radio licensing regulatory framework, varying the conditions for multiplex licence holders and facilitating the relaxation of the localness requirements of local licences;
- Access to electromagnetic spectrum – to allow for the charging of periodic payments on auctioned spectrum licences, and confer more proportionate enforcement powers on Ofcom;
- Video games – to make changes to how video games should be classified in the UK. This will put age ratings of computer games on a statutory footing for ratings of 12 years and above;
- Public lending right – to extend eligibility for PLR to non-print books which are not currently eligible under the existing PLR scheme;
- Copyright penalties – changes to levels of penalties for copyright infringement.
When does the Act take effect?
The online infringement of copyright provisions of the Act will require secondary legislation before they can be implemented.
The majority of the Act’s provisions come into effect two months after the Act is published.
Some of the Act’s provisions come into immediate effect, including:
- Sections 5-7 regarding the initial obligations code;
- Section 15 regarding the sharing of costs in relation to provisions on online infringement of copyright; and
- Sections 30 to 32 regarding digital radio switchover and renewal of radio licences.
Other provisions come into affect on a date to be appointed by the Secretary of State in secondary legislation.
At Report Stage in the House of Lords, a new clause 17 (now 18) was inserted into the Bill by Opposition amendment. At Third Reading Government committed to bring forward a replacement clause that ultimately achieves the same effect, while addressing the concerns expressed regarding the current clause.
The Government is now publishing its draft replacement clause 18 . Lord Mandelson has written to Jeremy Hunt and Don Foster setting out Government’s concerns with the current clause and explaining the draft amendment.
The Government proposes to introduce this amendment immediately after Second Reading in the House of Commons. The Government believes that the amendment delivers the effect that the House of Lords wanted to achieve when it voted clause 18 into the Bill, but in a way that takes account of the legal and other concerns to which the clause gives rise.
Yesterday the Digital Economy Bill completed Third Reading in the House of Lords; it has therefore now completed all Lords stages. The official record is here. We now move to the House of Commons. The next significant stage there is Second Reading – date to be confirmed.
As of 6:14pm on Monday night, the Digital Economy Bill has completed Report Stage. It is now bound for its final stage in the House of Lords, Third Reading, on Monday.
Debate in the House covered Clauses 31 to 42, and the Government agreed to consider in principle two amendments tabled by Viscount Bridgeman, Baroness Buscombe (Conservative) and Lord Clement-Jones (Liberal Democrat) to Clause 42, concerning the representation of creators by extended collective licensing bodies. As the Minister, Lord Young, said, “The Government have always intended that extended licensing schemes should be run by representative licensing bodies. We therefore agree to consider Amendments 155A and 155B and will bring our proposals to Third Reading.”
According to Cabinet Office Guidance, “The principal purposes of amendments on Third Reading are to clarify any remaining uncertainties, to improve the drafting and to enable the Government to fulfil undertakings given at earlier stages of the Bill. Amendments are restricted to technical points to tidy up the Bill. An issue which has been fully debated and voted on or negatived at a previous stage of a Bill may not be reopened by an amendment on Third Reading. Notice is required if any Member of the House wishes to move an amendment to leave out a clause or schedule on Third Reading, just as it is on Report.”
Finally, a new copy of the Bill as amended in Report has been made available, for those of you wishing to follow the latest changes to the Bill.
