Lead member
Lord Stevenson of Balmacara
Labour, Life peer
Lords
Decision
Not moved
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Amendment text
Clause 111
Leave out Clause 111 and insert the following new Clause—
“Notices to deal with terrorism content or CSEA content (or both)
(1)
OFCOM may give a notice described in subsection (2), (3) or (4) relating to a regulated user-to-user service or a regulated search service to the provider of the service where—
(a)
they consider that it is necessary and proportionate to do so, and
(b)
the decision of OFCOM to issue a notice has been approved by a Judicial Commissioner.
(2)
A notice under subsection (1) that relates to a regulated user-to-user service is a notice requiring the provider of the service to do either or both of the following—
(a)
use accredited technology to identify CSEA content, communicated privately by means of the service, and to swiftly take down that content, or
(b)
use accredited technology to prevent individuals from encountering CSEA content, communicated privately, by means of the service.
(3)
A notice under subsection (1) that relates to a regulated search service is a notice requiring the provider of the service to do either or both of the following—
(a)
use accredited technology to identify search content of the service that is terrorism content and to swiftly take measures designed to secure, so far as possible, that search content of the service no longer includes terrorism content identified by the technology, or
(b)
use accredited technology to identify search content of the service that is CSEA content and to swiftly take measures designed to secure, so far as possible, that search content of the service no longer includes CSEA content identified by the technology.
(4)
A notice under subsection (1) that relates to a combined service is a notice requiring the provider of the service to do any of the following—
(a)
use accredited technology as described in subsection (2)(a) or (b), or both, in relation to the user-to-user part of the service,
(b)
use accredited technology as described in subsection (3)(a) or (b), or both, in relation to the search engine of the service, or
(c)
use accredited technology as described in subsection (2)(a) or (b), or both, in relation to the user-to-user part of the service, and use accredited technology as described in subsection (3)(a) or (b), or both, in relation to the search engine.
(5)
For the purposes of subsections (2) and (3), a requirement to take down terrorism or CSEA content, or to take measures to secure that search content does not include terrorism or CSEA content, may be complied with by the use of accredited technology alone or by means of the technology together with the use of human moderators to review terrorism or CSEA content (as the case may be) identified by the technology.
(6)
See—
(a)
section 112, which requires OFCOM to give a warning notice before giving a notice under subsection (1), and
(b)
section 113 for provision about matters which OFCOM must consider before giving a notice under subsection (1).
(7)
A notice under subsection (1) that relates to a user-to-user service (or to the user-to-user part of a combined service) and requires the use of technology in relation to terrorism content must identify the content, or parts of the service that include content, that OFCOM consider is communicated publicly on that service (see section 207).
(8)
For the meaning of “accredited” technology, see section 114(12) and (13).
Member’s explanatory statement
This new version of Clause 111 introduces additional safeguards relating to the issuing of OFCOM notices to deal with terrorism or CSEA content on encrypted services. This includes a requirement for OFCOM’s decision to be approved by a Judicial Commissioner.