Moved by
Lord Parkinson of Whitley Bay
263: Clause 125, page 109, line 27, leave out “constraints on OFCOM’s power” and insert “what powers OFCOM have”
Member’s explanatory statement
This amendment is consequential on the next amendment in my name.
264: Clause 125, page 109, line 30, at end insert—
“(1A) A proactive technology requirement may be imposed in a confirmation decision if—
(a) the decision is given to the provider of an internet service within section 71(2), and
(b) the decision is imposed for the purpose of complying with, or remedying the failure to comply with, the duty set out in section 72(2) (provider pornographic content).
(1B) The following provisions of this section set out constraints on OFCOM’s power to include a proactive technology requirement in a confirmation decision in any case not within subsection (1A).”
Member’s explanatory statement
This amendment has the effect that OFCOM may, in a confirmation decision, require a provider to use proactive technology if the purpose is to deal with non-compliance with Clause 72(2) (preventing children encountering provider pornographic content).