---

Digital Economy Bill [HL]

My Lords, these provisions are all together in this amendment just because they would amend the same set of regulations. The first part I leave as a suggestion to the Minister as to one way in which he might seek to deal with the problem, which we have discussed before, of how libraries, internet cafes, Swindon and other such places might deal with the liability that the Bill potentially imposes on them. The second part takes a similar opportunity to clarify the potential liability of search engines, which, by the nature of their job, link to infringing materials that fall under the Bill. Nine European Union states currently provide an explicit exemption from liability for search engines. That does not include us. I think that it should. The third part clarifies the application of safe harbours in the e-commerce regulations to information services provided not for direct consideration—that is, search engines, social networking sites and public wi-fi services. Currently these qualify for protection only if normally provided for remuneration, which has caused a great deal of uncertainty. I do not see why such institutions should be discriminated against in favour of commercial business. Lastly, the fourth part of the amendment is intended to ensure that the safe harbour regulations in Regulations 17 to 19 apply to new criminal offences created after the regulations came into force. This would be an umbrella provision that would catch all future such criminal offences rather than their having to be provided for each time such a criminal offence was created. I beg to move.