I do not intend to waste any time on this; it is just that when I looked at the amendment, I could see that "or owner" followed exactly the pattern of the rest of the clause. It suddenly occurred to me that the steps taken to mitigate or prevent a contravention could be taken by either the provider or the owner. Perhaps it would be wise for them both to be notified, because you could not be certain which one should or should not be taking the steps. You could have a mistake whereby one had been notified whereas the other had, or should have, taken the steps, but did not know about the notification.
The trouble is that I was reading the clause and did not have time fully to research Sections 94 to 96 of the Communications Act 2003. There may be more text in there that might tell us some more about that. I move the amendment for clarification that you could not have a mistake whereby one complied and the other got the notification. That is why I thought that it should state "and". That is a point of detail and I do not intend to press it.
On taking steps to make sure that you do not contravene, I noticed that Parliament is already doing that. I was just tracking down some comments on the Bill. One from the University of Cambridge happened to have a link which I discovered went to Pirate Bay, except that you cannot get there from Parliament any more. It has already started blocking sites that it thinks are likely to be infringing. Are they or are they not? It amused me that Parliament has already taken proactive steps.
With that comment, I am sure that "or" is the right way round and that buried in Section 94 is the clue to it all which forces it down a particular route. I beg to move.
Digital Economy Bill [HL]
Proceeding contribution from
Earl of Erroll
(Crossbench)
in the House of Lords on Thursday, 8 April 2010.
It occurred during Debate on bills on Digital Economy Bill [HL].
Type
Proceeding contribution
Reference
718 c1727-8 
Session
2009-10
Chamber / Committee
House of Lords chamber
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2024-04-21 21:00:57 +0100
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