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Digital Economy Bill [HL]

214: After Clause 17, insert the following new Clause— "Amendment of the Electronic Commerce (EC Directive) Regulations 2002 (1) The Electronic Commerce (EC Directive) Regulations 2002 are amended as follows. (2) In regulation 2, after the definition of "the Treaty" insert— ""wireless network" means an electronic communications network that uses wireless telegraphy, as defined in the Communications Act 2003." (3) In regulation 17, after paragraph 2 insert— "(3) This section shall apply to providers of wireless networks capable of delivering internet access, whether in return for consideration or otherwise." (4) After regulation 19 insert— "19A Search engines, hyperlinkers and aggregators (1) Where an information society service is provided which consists of the provision, creation or truncation of a hyperlink to content or activities provided by a recipient of the service, the service provider shall not be liable for damages of for any other pecuniary compensation or for any criminal sanction as a result of that storage where— (a) the service provider— (i) does not have actual knowledge of unlawful activity or information and, where a claim for damages is made, is not aware of facts or circumstances from which it would have been apparent to the service provider that the activity or information was unlawful; or (ii) upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the information, and (b) the recipient of the service was not acting under the authority or control of the service provider. 19B Non-commercial service providers For clarification, and for the purposes of regulations 17 to 19A, an "information society service" shall include a service provided for free where such a service is provided at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service. 19C New forms of liability: transitional arrangements Regulations 17 to 19B shall apply from the day on which the Digital Economy Act 2010 is passed in relation to all forms of civil or criminal liability, whether or not such activity or content was illegal or actionable at the time of the coming into force of these regulations.""