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Digital Economy Bill [HL]

My Lords, the purpose of Amendment 60 is to require that the notification sent to subscribers should specify the name of the copyright owner making the allegation. I understand the thinking behind the amendment as there is some justification in ensuring maximum transparency at this stage and a subscriber alleged to be infringing copyright on-line is entitled to know the details of the allegation being made against them. However, the existing test provides that transparency without needing to specify that it relates to a named copyright owner. The code provides the flexibility and ability to ensure that the information subscribers need is included. Clause 8 states that the code must set out, ""requirements as to the form, contents and means of the notification in each case"." The key information for a subscriber is to know why they are in receipt of such a notice, what it relates to and the evidence supporting the allegation of copyright infringement, all of which is already required. The purpose of Amendments 61 and 62 is to require that a notification sent to a subscriber should contain, on the one hand, a "full" and, on the other, a "detailed" description of the alleged infringement rather than only a "description" of it. While I sympathise with the wish to ensure that those in receipt of such notifications get the full picture, I do not believe that either of these amendments is necessary. It would challenge most of us to explain, in ways that hold water legally, the difference between a "description", a "full description" and a "detailed description" and I do not see any advantage in passing on that conundrum to those who will be responsible for writing the notifications. I cannot readily see what criteria will be employed to decide whether a description was full or detailed enough, and the existing text is fit for purpose. I wholeheartedly concur with the concerns of the noble Lords, Lord Lucas and Lord De Mauley, and the noble Earl, Lord Erroll. We are aiming for transparency and to ensure that people fully understand at this stage the nature of the allegation, the copyright infringement and so on. However, these matters will be dealt with fully in the code. I stress that both copyright owners and internet service providers will have to comply with the initial obligations code. The noble Earl, Lord Erroll, was concerned about bullying. They will not be able to get away with some vague allegation; it will have to be nailed down and comply with the initial obligations code. The contents of the code are dealt with in Clause 8. It will have to include provision about the standard of evidence of infringement needed for the copyright infringement report. An internet service provider cannot be required in fairness to give more information about an apparent copyright infringement than is given to them by the copyright owner. The code will include provision as regards the contents of the subsequent notification by the internet service provider to the subscriber. The final amendment in the group, Amendment 63, would not change the elements that must be included in a notification to a subscriber, merely the way in which those requirements are expressed in the Bill. I must admit that it is unclear what is intended by the amendment. I offer the assurance that we concur with the concerns expressed about the importance of getting the first notification right. The noble Lord, Lord Lucas, assumed that any advertising campaign would be aimed at some 7 million people; I think that that is a worst-case-scenario prediction. We have said all along that we are trying to change behaviour. Many people will not necessarily know—I must admit that, until I checked with certain younger members of my household, I was not sure of the precise situation—but I think that people will become more aware. A copyright infringement requirement may not necessarily be clear to a subscriber, which is why the Bill specifies what information they need. Our intention is to meet the concerns expressed by noble Lords and to have notification that is transparent and fit for purpose, making absolutely clear the substance of the allegation, the proof of the apparent copyright infringement and the measures that individuals can take to protect themselves in cases where the infringement may have been committed by somebody piggybacking on their broadband connection. The purpose of the initial notification is not to be in any way bullying; it is about being helpful to people, and attempting to change behaviour. I think that people will in many cases respond to that, although I accept that the proof of the pudding will be in the eating. With those explicit assurances in relation to what the code will contain—we have sent out an initial draft; there will be more to come as a result of consultation—I hope that the noble Lord will not press his amendments.