HL Deb 02 November 1988 vol 501 cc351-3

272 Clause 276, page 122, line 8, leave out from 'a' to 'with' and insert 'broadcasting or cable programme service provided from a place in the United Kingdom'.

273 Clause 277, page 122, line 20, leave out from 'who' to 'is' in line 22 and insert—

  1. (a) makes charges for the reception of programmes included in a broadcasting or cable programme service provided from a place in the United Kingdom, or
  2. (b) sends encrypted transmissions of any other description from a place in the United Kingdom,'.

274 Page 122, line 26, leave out 'without payment' and insert 'or other transmissions when they are not entitled to do so'.

275 Page 122, line 28, leave out 'without payment' and insert 'or other transmissions when they are not entitled to do so'.

276 Page 122, line 32, leave out from 'an' to end of line 33, and insert 'infringing copy'.

277 Page 122, line 34, after '1981', insert ', section 15 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985'.

278 Page 122, line 38, at end insert—

'(5) In section 93(1) (innocent infringement of copyright) as it applies to proceedings for infringement of the rights conferred by this section, the reference to the defendant not knowing or having reasons to believe that copyright subsisted in the work shall be construed as a reference to his not knowing or having reason to believe that his acts infringed the rights conferred by this section.

(6) Section (Order as to disposal of infringing copy or other article) of this Act applies, with the necessary modifications, in relation to the disposal of anything delivered up or seized by virtue of subsection (3) above.'.

279 Clause 278, page 122, line 39, leave out from beginning to 'no' in line 2 on page 123 and insert—

'(1) Her Majesty may by Order in Council—

  1. (a) provide that section 276 applies in relation to programmes included in services provided from a country or territory outside the United Kingdom, and
  2. (b) provide that section 277 applies in relation to such programmes and to encrypted transmissions sent from such a country or territory.

(2)'.

280 Page 123, line 5, leave out 'services falling within subsection (1)' and insert 'broadcasting or cable programme services provided from the United Kingdom or, as the case may be, for encrypted transmissions sent from the United Kingdom.

(2A) A statutory instrument containing an Order in Council under subsection (1) shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.

281 Page 123, line 7, leave out first 'service'.

282 Page 123, line 11, leave out subsections (4) and (5) and insert—

'(4) In sections 276 and 277, and this section, "programme", "broadcasting" and "cable programme service", and related expressions, have the same meaning as in Part I (copyright).'.

Lord Strathclyde

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 272 to 282 en bloc. I shall speak also to Amendment No. 411.

These amendments fall into several subgroups. The purpose of the first and most important subgroup is to extend the civil remedies in Clause 277 so that they will apply against those who, by making available the necessary equipment or technical information, assist fraudulent or unauthorised reception of encrypted transmissions to closed user groups. Under the Bill as drafted these remedies apply only to those who thus assist fraudulent reception of broadcasting and cable programme services in respect of which a charge is made for reception. The amendments which introduce this charge are Amendments Nos. 272 to 275, 279, 280, 281, 282 and 411. The need for this extension of the powers has been pointed out to us by British Satellite Broadcasting Ltd.

The substantive amendment in this subgroup is Amendment No. 273 to Clause 277, which widens the range of services to which the remedies apply. All the rest of the amendments in the group are consequential. Encrypted transmission to closed user groups will be covered whether or not a charge is made for reception of the services. That means, for example, that the remedies will be applicable to cases of assisting unauthorised reception of a private service used by a business headquarters to communicate with its branches as well as to services provided commerically to paying users.

The remaining amendments are either consequential or housekeeping.

Moved, That the House do agree with the Commons in their Amendments Nos. 272 to 282 en bloc.—(Lord Strathclyde.)

On Question, Motion agreed to.