---

Digital Economy Bill [HL]

My Lords, in earlier debates on these provisions we have discussed, and agree, the need for Ofcom to be able to require information and assistance from both internet service providers and copyright owners in their assessment of the need for technical measures. It goes without saying that Ofcom will need similarly to be able to require information and assistance from the same parties in carrying out their duties in administering and enforcing the codes. Section 135 of the Communications Act gives Ofcom wide powers to require information to carry out its functions under that Act. However, it is possible that a copyright owner might consider that the provision does not apply to them or that a copyright owner or ISP would argue that these functions of Ofcom under the codes are not covered by the existing power and would seek to challenge a request from Ofcom for advice or information. It is that possibility, and any resulting difficulties in administering or enforcing the code, that we are seeking to avoid by putting this obligation clearly and explicitly on the face of the legislation. I believe this is a sensible and uncontroversial point and I beg to move. Amendment 4 agreed. Clause 10 : Obligations to limit internet access: assessment and preparation Amendment 5 Clause 10 : Obligations to limit internet access: assessment and preparation Amendment 5 Moved by