CHARLES III

Payment Processors and Speech Act 2023

2023 CHAPTER 6

An Act to protect free speech by making it an offence for payment processors to deny services to a person or organisation for lawful expression or speech, and for connected purposes.
Bill IDLB10-04
Author(s) The Rt Hon Johan Cornelis Hoyle GCTL GCVO KOBC, Earl of Berwick
First reading2022 October 10
Royal assent2023 May 15
Affected legislation N/A

Stages

2023-05-15 Royal assent No divisions available for this stage
2022-10-10 First reading No divisions available for this stage

Versions

2023-05-15 As enacted Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows

1 Definition

  1. A payment processor is any company, person, or organisation which enables financial transactions, including (but not limited to) issuers of credit cards and debit cards and operators of online payment systems.

2 Suspensions

  1. A payment processor commits an offence if it denies services to a person or organisation for reasons related to that person or organisation’s lawful exercise of free speech or free expression.
  2. A company, person, or organisation committing an offence under this section is liable on summary conviction to a fine not exceeding the statutory maximum, and may be made to pay damages to the affected person or organisation.
  3. This bill shall not cover content that is deemed by the payment processor or by the relevant government authority to be hateful, defamatory, or which promotes misinformation.
  4. If a producer of content believes they are subjected to unfair discrimination based on their exercise of free speech, they shall be allowed to appeal the payment processor’s decision to the Commission for Free Expression.
    1. The Department for Digital, Culture, Media and Sport and His Majesty’s Treasury will be jointly tasked with forming the Commission for Free Expression, which shall judge and arbitrate disputes and appeals relating to this legislation. The commission shall be composed of an equal number of members appointed by each department. The Secretary of State of each respective department may issue further regulations and statutory instruments as deemed necessary.

3 Short title, commencement, and extent

  1. This Act may be cited as the Payment Processors and Speech Act 2023.
  2. This Act extends to the entire United Kingdom of Great Britain and Northern Ireland.
  3. This Act comes into force upon royal assent.
2022-10-10 As submitted Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows

1 Definition

  1. A payment processor is any company, person, or organisation which enables financial transactions, including (but not limited to) issuers of credit cards and debit cards and operators of online payment systems.

2 Suspensions

  1. A payment processor commits an offence if it denies services to a person or organisation for reasons related to that person or organisation’s lawful exercise of free speech or free expression.
  2. A company, person, or organisation committing an offence under this section is liable on summary conviction to a fine not exceeding the statutory maximum, and may be made to pay damages to the affected person or organisation.

3 Short title, commencement, and extent

  1. This Act may be cited as the Payment Processors and Speech Act 2022.
  2. This Act extends to the entire United Kingdom of Great Britain and Northern Ireland.
  3. This Act comes into force upon royal assent.

Amendments

Amendment 1
Author(s) George Vere

Add section 2.3, which shall read: “This bill shall not cover content that is deemed by the payment processor or by the relevant government authority to be hateful, defamatory, or which promotes misinformation.”

Amendment 2
Author(s) George Vere
  1. Add section 2.4 (or 2.3 if Amendment A does not pass), which shall read: “If a producer of content believes they are subjected to unfair discrimination based on their exercise of free speech, they shall be allowed to appeal the payment processor’s decision to the Commission for Free Expression."
  2. Add section 2.4.a (or 2.3.a), which shall read: “The Department for Digital, Culture, Media and Sport and His Majesty’s Treasury will be jointly tasked with forming the Commission for Free Expression, which shall judge and arbitrate disputes and appeals relating to this legislation. The commission shall be composed of an equal number of members appointed by each department. The Secretary of State of each respective department may issue further regulations and statutory instruments as deemed necessary.”