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Digital Economy Bill [HL]

32: After Clause 5, insert the following new Clause— "Obligations of OFCOM in respect of subscribers etc. After section 124BA of the Communications Act 2003 insert— "124BB Obligations of OFCOM in respect of subscribers etc. (1) Before any notifications are sent to subscribers under the terms of section 124A, and thereafter as required, OFCOM must publish its views on— (a) the precautions that should be taken by a subscriber who uses a computer or operates a network to which others (actually or potentially) have access in order to reasonably ensure that their computers and networks are not used to infringe copyright; (b) the ways in which a subscriber who receives a notification under section 124A(4) may seek to demonstrate that— (i) he had at the relevant time put in place precautions equivalent to those published under paragraph (a), and (ii) no computer used by him had contained— (a) the copyright material complained of, or (b) a program capable of making that material available over the internet. (2) When OFCOM publishes views under subsection (1)(a) or (b) they must include the names of (as the case may be) software or websites that an ordinary person might reasonably be expected to make use of to achieve the objectives referred to in those subsections.""