Pirate Radio in The United Kingdom - Legal Situation

Legal Situation

Today, operators of non-licensed broadcasting face high fines and prison sentences.

The Wireless Telegraphy Act 2006 provides for Ofcom to issue licences to radio broadcasters for the use of stations and wireless telegraphy apparatus. The Act sets out a number of criminal offences relating to wireless telegraphy, including the establishment or use of a wireless telegraphy station or apparatus for the purpose of making an unlicensed broadcast. The financing or participating in the day to day running of unlicensed broadcasting is also a criminal offence, as is the supplying of a sound recording for an unlicensed station and advertising through unlicensed stations. The Wireless Telegraphy Act 2006 allows Ofcom to take a number of actions against individuals committing these offences, including power of entry and search and seizure of equipment. It is a criminal offence to obstruct a person exercising enforcement powers on Ofcom's behalf. Furthermore the Broadcasting Act 1990 provides that anyone convicted of an unlawful broadcasting offence is disqualified from holding a broadcasting licence for five years.

Licensed broadcasters may also take legal action against pirate radio stations. In 2000, the Commercial Radio Companies Association (CRCA) for the first time initiated legal action against a pirate station. The CRCA sued the weekend dance music pirate station Scene FM for £50,000 for causing interference to transmissions and a reduction in advertising revenues.

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