division_name: Digital Economy Bill - <i>Report (2nd Day)</i>
motion: <p class="italic" pid="b57.1/1" pwmotiontext="unrecognized">Moved by Lord Ashton of Hyde</p>
  
  <p class="italic" pid="b57.1/2" pwmotiontext="unrecognized">25Q: Clause 18, page 20, line 29, leave out subsection (1) and insert&#8212;&#8220;(1) Where the Secretary of State proposes to make a designation under section 17, the Secretary of State must lay before both Houses of Parliament&#8212;(a) particulars of that proposed designation, and(b) a statement of the reasons why the Secretary of State is satisfied about the matters mentioned in section 17(4).&#8221;</p>
  
  <p class="italic" pid="b57.1/3" pwmotiontext="unrecognized">25R: Clause 18, page 20, line 35, at end insert&#8212;&#8220;(3A) But subsection (3B) applies, instead of subsections (2) and (3), where the proposed designation would be&#8212;(a) the first to be made under section 17 , or(b) the first to be made under that section for the purposes of a particular function.(3B) The Secretary of State may not make the designation unless it has been approved by a resolution of each House of Parliament.&#8221;</p>
  
  <p class="italic" pid="b57.1/4" pwmotiontext="unrecognized">25S: Clause 18, page 20, line 36, leave out &#8220;subsection (3) is&#8221; and insert &#8220;subsections (3) and (3A) are&#8221;</p>
  
  <p class="italic" pid="b57.3/1" pwmotiontext="unrecognized">Moved by Lord Ashton of Hyde</p>
  
  <p class="italic" pid="b57.3/2" pwmotiontext="unrecognized">25T: Clause 21, page 23, line 24, at end insert&#8212;&#8220;( ) The Secretary of State must lay before both Houses of Parliament the guidelines, and any revised guidelines, published under this section.&#8221;</p>
  
  <p class="italic" pid="b57.5/1" pwmotiontext="unrecognized">Moved by Lord Ashton of Hyde</p>
  
  <p class="italic" pid="b57.5/2" pwmotiontext="unrecognized">25U: Clause 22, page 23, line 44, leave out &#8220;prohibited&#8221; and insert &#8220;extreme pornographic&#8221;</p>
  
  <p class="italic" pid="b57.5/3" pwmotiontext="unrecognized">25V: Clause 22, page 24, line 6, leave out paragraph (b) and insert&#8212;&#8220;(b) state whether it is subsection (1)(a) that applies or subsection (1)(b) or both;&#8221;</p>
  
  <p class="italic" pid="b57.5/4" pwmotiontext="unrecognized">25W: Clause 22, page 24, line 11, leave out subsection (4)</p>
  
  <p class="italic" pid="b57.5/5" pwmotiontext="unrecognized">25X: Clause 22, page 24, line 28, leave out &#8220;prohibited&#8221; and insert &#8220;extreme pornographic&#8221;</p>
  
  <p class="italic" pid="b57.5/6" pwmotiontext="unrecognized">25Y: Clause 22, page 24, line 33, leave out &#8220;prohibited&#8221; and insert &#8220;extreme pornographic&#8221;</p>
  
  <p class="italic" pid="b57.5/7" pwmotiontext="unrecognized">25YA: Clause 22, page 24, line 39, leave out subsection (7)</p>
  
  <p class="italic" pid="b57.5/8" pwmotiontext="unrecognized">25YB: Clause 22, page 24, line 43, leave out subsection (8)</p>
  
  <p class="italic" pid="b58.1/1" pwmotiontext="unrecognized">Moved by Lord Ashton of Hyde</p>
  
  <p class="italic" pid="b58.1/2" pwmotiontext="unrecognized">25YC: After Clause 22, insert the following new Clause&#8212;&#8220;Meaning of extreme pornographic material(1) In this Part &#8220;extreme pornographic material&#8221; means (subject to subsection (3)) material&#8212;(a) whose nature is such that it is reasonable to assume that it was produced solely or principally for the purposes of sexual arousal, and(b) which is extreme.(2) For the purposes of subsection (1)(b), material is extreme if&#8212;(a) its content is as described in section 63(7) or (7A) of the Criminal Justice and Immigration Act 2008, and(b) it is grossly offensive, disgusting or otherwise of an obscene character.(3) Material to which paragraphs (a) and (b) of subsection (1) apply is not &#8220;extreme pornographic material&#8221; if it is or was included in a classified video work, unless it is material to which subsection (4) applies.(4) This subsection applies to material&#8212;(a) which has been extracted from a classified video work, and(b) whose nature is such that it is reasonable to assume that it was extracted (with or without other material) solely or principally for the purposes of sexual arousal.(5) In this section&#8212;&#8220;classified video work&#8221; means a video work in respect of which the video works authority has issued a classification certificate;&#8220;video work&#8221; means a video work within the meaning of the Video Recordings Act 1984;&#8220;the video works authority&#8221; has the meaning given in section 16 ;&#8220;classification certificate&#8221; has the same meaning as in the Video Recordings Act 1984 (see section 7 of that Act);&#8220;material&#8221; means&#8212;(a) a still image or series of still images, with or without sound; or(b) a series of visual images shown as a moving picture, with or without sound.&#8221;</p>
  
  <p class="italic" pid="b58.3/1" pwmotiontext="unrecognized">Moved by Baroness Butler-Sloss</p>
  
  <p class="italic" pid="b58.3/2" pwmotiontext="unrecognized">25YD: After Clause 22, insert the following new Clause&#8212;&#8220;Extreme pornographic material: review and repeal(1) Subject to subsections (2) to (6) at the end of the period of three years beginning with the day on which this Act is passed&#8212;(a) section 16(1)(g) to (i) ceases to have effect;(b) section (meaning of extreme pornographic material) (1) and (2) ceases to have effect, and is substituted with the following, which comes into force on that day&#8212;&#8220;(1) In this section &#8220;extreme pornographic material&#8221; means either of the following&#8212;(a) the whole or part of a video work&#8212;  (i) if it is reasonable to assume from its nature that the video work was produced solely or principally for the purposes of sexual arousal, and (ii) if the video works authority has determined the video work not to be suitable for a classification certificate to be issued in respect of it;(b) material whose nature is such that it is reasonable to assume&#8212;(i) that it was produced solely or principally for the purposes of sexual arousal, and(ii) that the video works authority would determine that a video work including it was not suitable for a classification certificate to be issued in respect of it.&#8221;(2) Following the publication of a report under subsection (3) the Secretary of State may by regulations made by statutory instrument provide that the provisions of this Act do not cease to have effect in accordance with this section but are to continue in force indefinitely or for a specified period of time.(3) The Secretary of State must, within a period of two years beginning with the day on which this Act is passed, review and prepare a report on the operation of the provisions mentioned in subsection (6).(4) The review and report must consider the effect of the introduction of the definition of &#8220;extreme pornographic material&#8221; on the regulation of pornographic material under this Act and other enactments.(5) The Secretary of State must lay a copy of the report before each House of Parliament.(6) The sections are&#8212;(a) section 16,(b) section 22,(c) section (meaning of extreme pornographic material),(d) section 23,(e) section 25,(f) section 27.&#8221;(7) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by, a resolution of each House of Parliament.&#8221;</p>
  
  <p pid="b59.0/6" pwmotiontext="yes">Ayes 46, Noes 176.</p>