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Digital Economy Bill [HL]

Proposed new Section 124A(5) sets out what information a notification to a subscriber must contain and allows for further requirements to be introduced by the initial obligations code. Subsection (6) then sets out some of the things that the initial obligations code may require the notification to include. The noble Lord, Lord Whitty, has rightly spotted that subsection (6)(d) envisages that the initial obligations code might require notifications to issue a warning to subscribers that the number of infringements registered against their internet account may be taken into account for the purposes of technical measures. Obviously, when the initial obligations come into force there will be no technical measures. We will come on to that later in the detailed consideration of the Bill, but we hope that the initial obligations will be so successful in reducing online copyright infringement that there is no need to move to technical measures. But we cannot be sure about that, which is why the Bill provides for technical measures should they be necessary. We need to remember that the contents of the notifications to subscribers are controlled only by the initial obligations code. Consequently, in the event that technical measures were to be introduced, the initial obligations code would need to be revised to require the notifications then being issued to include appropriate information to subscribers about technical measures, and in particular to help subscribers take action to stop infringing copyright so that they do not become subject to technical measures. While I agree that no notification should refer to technical measures unless or until such measures are in place, I do not believe that subsection (6)(d) would do that, and I think that it does provide an important part of the structure, should technical measures be introduced. We understand that the noble Earl, Lord Erroll, is concerned about the period. That will be covered in proposed new Section 124E(1)(d). The noble Lord, Lord De Mauley, asked when it would be used. In the initial code it applies to all notifications, and it may be used in a second or later notification. In the light of that explanation, I invite the noble Lord to withdraw the amendment.