§ Lord Lucasasked Her Majesty's Government:
Whether the Tobacco Advertising and Promotion Bill, which defines an Internet Service Provider (ISP) as a publisher, is concordant with Article 12 of the Electronic Commerce Directive, which defines an ISP as a "mere conduit" of information, and with Article 15 of that directive, which states that ISPs have no obligation to monitor content and are not liable for it. [HL1232]
§ Lord Hunt of Kings HeathThe Tobacco Advertising and Promotion Bill does not define Internet Service Providers (ISPs) as publishers but provides a defence in certain circumstances if a court were to hold that an ISP had published a tobacco advertisement. We believe that the Bill is fully compatible with the Electronic Commerce Directive. It provides appropriate defences for ISPs in circumstances where they are unaware that they are handling a tobacco advertisement.