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Television licensing in the United Kingdom



TV detector vans have in the past featured heavily in TV Licensing publicity, implying that secret technology capable of detecting signals from operating TV sets is employed[24], and TV Licensing has developed a hand-held detector[25]. Such technology used in conjunction with targeted advertising acts as a deterrent: its use may make it easier for TV Licensing agents to establish that an offence is likely to be taking place but they would still need to secure further evidence for successful prosecution[26][27]. Furthermore, such technology is restricted in its use by the meaning of "surveillance and covert human intelligence sources" in the Regulation of Investigatory Powers Act of 2000[25] and the Regulation of Investigatory Powers (British Broadcasting Corporation) Order of 2001[28][29]. TV Licensing now states "We will only use detection equipment to identify evaders when other, more cost effective, routes have been exhausted"[1], and the BBC has stated that "Detection technology is generally used to obtain search warrants"[26].

The critical method of detecting evaders is through the use of a database system known as LASSY[27], which contains 29.5 million[25] addresses in the UK. This database is routinely updated with licence details and with details submitted by dealers in television receiving equipment, all of whom are required by law to provide TV Licensing with identifying information about everyone who buys or rents such equipment[30]. TV Licensing maintains permanent contact with every address in the database that is recorded as not having a TV licence[31].

The initial contact with occupants of addresses for which there is no current licence is by letter. During the year 2005-6, approximately 23.5 million "standard warning" letters were sent[32]. The only methods by which an occupant can reply are in writing or by telephone. If a business or household is not obliged to have a TV licence then TV Licensing will request written confirmation of this, even though no such information is required to be given in law[5][33].

If a colour TV licence is not purchased for an address, TV Licensing agents — known as "enquiry officers" or "enforcement officers" — make unannounced visits to the address. Visits are made even when the occupant has declared that no licence is necessary[25][34], or when a licence has been purchased for only black-and-white television[23]. The number of visits rose from 2.9 million during the year 2005-6 to 3.5 million during the year 2006-7[25]. The BBC states that when premises are checked, around 40% of people who claimed not to have a television were found to be using one[35], and TV Licensing states that more than 30% who hold a black-and-white licence have been found to be inappropriately licensed[23].

TV Licensing enforces the BBC's statutory obligation to ensure that every address where a television licence is required is correctly licensed[23], but its agents have no special rights and, like any other member of the public, rely on an implied right of access to reach the front door[5][34]. The occupants of a visited property may deny an agent entry to the premises[35] without cause and are under no obligation to answer any questions or enter into any conversation. If an agent has evidence that television is being watched or recorded illegally but is denied entry by the occupants so that (s)he cannot verify the suspicion without trespassing, then TV Licensing may apply to a magistrate for a search warrant, but the use of such warrants is rare[25]. The BBC states that a search warrant would never be applied for solely on the basis of non-cooperation with TV Licensing[36][34] and that in the event of being denied access to unlicensed property will use detection equipment rather than a search warrant[35].

The law allows a fine of up to £1,000 be imposed on those successfully prosecuted. This figure is frequently publicised by TV Licensing to maximise deterrence. In reality, magistrates rarely impose the maximum fines allowed to them by law. During the year 2005-6, the average fine including costs was approximately £153[37] (slightly more than the cost of a licence). However, in addition to the fine the guilty party will be obliged to purchase a licence at the usual cost.

TV Licensing is managed as a sales operation[29] and its officers are motivated by commission payments. In 2005, a TV Licensing officer was found guilty of false accounting and perverting the course of justice after he deliberately forged the confessions of four people to obtain commission payments[38].

For the year 2005-6, TV Licensing claimed that they "reduced estimated evasion to a record low of 4.7%"[39]. However, this figure rose during the following year to 5.1%[25].

The Broadcasters' Audience Research Board estimated that of June 2004, 2.3% of UK households do not have television[40].

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Notes

The Communications (Television Licensing) Regulations 2004[13] gives the following definition:

  • "television receiver" means any apparatus installed or used for the purpose of receiving (whether by means of wireless telegraphy or otherwise) any television programme service, whether or not it is installed or used for any other purpose.
  • any reference to receiving a television programme service includes a reference to receiving by any means any programme included in that service, where that programme is received at the same time (or virtually the same time) as it is received by members of the public by virtue of its being broadcast or distributed as part of that service.

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References

  1. ^ a b TV Licensing. About Us. Retrieved on 2008-05-26.
  2. ^ TV Licensing. Aged over 74 - What if I live in the Channel Islands or Isle of Man?. Retrieved on 2006-06-18.
  3. ^ BBC Jersey. Free TV licence plans finalised. Retrieved on 2008-03-16.
  4. ^ BBC. How your licence fee was spent in 2006/7.
  5. ^ a b c BBC response to Freedom of Information Request, 08/02/2006
  6. ^ Raymond Snoddy (2004-02-17). BBC 'anti-competitive'. The Times. Retrieved on 2007-01-23.
  7. ^ Roy Greenslade (2003-07-28). So who really hates the BBC?. The Guardian. Retrieved on 2007-08-18.
  8. ^ Polly Toynbee (2003-09-19). BBC needs a Bullywatch. The Guardian. Retrieved on 2007-08-18.
  9. ^ Department for Culture, Media, and Sport (2005). Review of the BBC's Royal Charter (Green Paper) (PDF). Retrieved on 2006-06-18.
  10. ^ Institute for Public Policy Research (2003-12-27). BBC Review should consider licence fee concessions. Retrieved on 2007-06-16.
  11. ^ BBC News (2004-03-06). Majority 'want change to TV fee'. Retrieved on 2006-06-18.
  12. ^ Communications Act 2003, Section 363(1). HMSO. Retrieved on 2006-06-18.
  13. ^ a b c The Communications (Television Licensing) Regulations 2004, Regulation 9. HMSO. Retrieved on 2008-04-20.
  14. ^ a b c TV Licensing. Do I need a TV Licence?. Retrieved on 2008-04-20.
  15. ^ TV Licensing - Videos, DVDs and games consoles
  16. ^ TV Licensing - CCTV
  17. ^ BBC response to Freedom of Information Request, 07/11/2006
  18. ^ a b c BBC News (2006-02-13). Fine warning over TV on mobiles. Retrieved on 2006-06-18.
  19. ^ The Digital TV Group (2005-02-28). BBC 'to lose in internet TV loophole'. Retrieved on 2006-06-18.
  20. ^ The Times (2005-03-05). Computer tax set to replace TV licence fee. Retrieved on 2006-06-18.
  21. ^ TV Licensing - "Shared homes"
  22. ^ TV Licensing - "Students"
  23. ^ a b c d e TV Licensing, "About TV Licensing"
  24. ^ BBC - Press Office - New generation of television detector vans
  25. ^ a b c d e f g TV Licensing Annual Review, 2006/7
  26. ^ a b BBC response to Freedom of Information Request, 14/03/2007
  27. ^ a b National Audit Office (2002-05-15). The BBC: Collecting the television licence fee (PDF). Retrieved on 2006-06-18.
  28. ^ BBC response to Freedom of Information Request, 08/08/2006
  29. ^ a b Home Office - The Regulation of Investigatory Powers (British Broadcasting Corporation) Order 2001
  30. ^ TV Licensing's information page for TV dealers
  31. ^ BBC response to Freedom of Information Request, 04/08/2006
  32. ^ BBC response to Freedom of Information Request, 25/07/2006
  33. ^ Confirmed by Shaun Woodward (Parliamentary Under-Secretary, Department for Culture, Media and Sport) in response to a request for clarification from a constituent [1]
  34. ^ a b c BBC response to Freedom of Information Request, 25/08/2006
  35. ^ a b c BBC response to Freedom of Information Request, 18/09/2007
  36. ^ BBC response to Freedom of Information Request, 13/04/2007
  37. ^ BBC Response to Freedom of Information Request, 27/04/2007
  38. ^ icWales (2005-24-09). TV licence worker guilty of pay scam.
  39. ^ TV Licensing Annual Review, 2005/6
  40. ^ BBC response to Freedom of Information Request, 16/02/2006

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