Post by avro748 on Nov 20, 2010 23:59:22 GMT 1
Maybe worth having a read of this. I have always understood that we can listen but are not allowed to pass on the info we hear, but it seems not. The script below is from an OFCOM information sheet (http://www.ofcom.org.uk/static/archive/ra/publication/ra_info/ra169r7.pdf).
The purpose of this information sheet is to
remove any confusion regarding the reception
of personal or business radio transmissions by
unauthorised persons or groups. It also gives
guidance on the subject by setting out the
legal position with regard to the Wireless
Telegraphy Act 1949 (WT Act). How the
legislation is applied will depend on the
individual circumstances of the offence.
Anyone who intends to listen to radio
transmissions should be aware of the
following:
A licence is not required for a radio receiver
as long as it is not capable of transmission as
well (The Wireless Telegraphy Apparatus
(Receivers) (Exemption) Regulations 1989 (SI
1989 No 123). The exception to this is that
it is an offence to listen to unlicensed
broadcasters (pirates) without a licence.
Licences are not issued for this purpose.
Although it is not illegal to sell, buy or own
a scanning or other receiver in the UK, it
must only be used to listen to transmissions
meant for GENERAL RECEPTION. The
services that you can listen to include
Amateur and Citizens’ Band transmissions,
licensed broadcast radio and weather and
navigation broadcasts.
It is an offence to listen to any other
radio services unless you are authorised
by a designated person to do so.
There are two offences under law:
Under Section 5(1)(b) of the WT Act 1949 it
is an offence if a person “otherwise than
under the authority of a designated person,
either:
(i) uses any wireless telegraphy apparatus with
intent to obtain information as to the
contents, sender or addressee of any message
whether sent by means of wireless telegraphy
or not, of which neither the person using the
apparatus nor a person on whose behalf he is
acting is an intended recipient;
This means that it is illegal to listen to
anything other than general reception
transmissions unless you are either a
licensed user of the frequencies in question
or have been specifically authorised to do so
by a designated person. A designated
person means:
a) the Secretary of State;
b) the Commissioners of Customs and
Excise; or
c) any other person designated for the
purpose by regulations made by the
Secretary of State.
or:
(ii) except in the course of legal proceedings
or for the purpose of any report thereof,
discloses any information as to the contents,
sender or addressee of any such message,
being information which would not have
come to his knowledge but for the use of
wireless telegraphy apparatus by him or by
another person.”
This means that it is also illegal to tell a third
party what you have heard.
With certain exceptions, it is an offence
under Section 1 of the Regulation of
Investigatory Powers Act 2000 for a person–
“intentionally and without lawful authority
to intercept, at any place in the United
Kingdom, any communication in the course
of its transmission by means of:
a) a public postal service; or
b) a public telecommunication system.”
It is similarly an offence to intercept any
communication in the course of its
transmission by means of a private
telecommunication system.
This means that it is illegal to listen to
telephone calls, including mobile phone
networks which are designated as forming
part of the public telecommunications
system.
Receive Only Radio – Scanners Etc.
www.radio.gov.uk
RA 169 (Rev 7)
JANUARY 2001
The Radiocommunications Agency is an Executive Agency of the Department of Trade and Industry
The Agency General Enquiry Point/Switchboard telephone number: 020 7211 0211
FOL 557
Common questions answered
Q. Am I breaking the law by owning a
scanner?
A. No, but it is illegal to use one to listen to
frequencies other than general reception
transmissions or those parts of the radio
spectrum which your transmitting licence,
if you have one, allows you to use.
You could be prosecuted for this.
Q. Can I get a licence to use a scanner?
A. No, there is no scanner licence.
Q. Could I get authority to listen to
emergency service transmissions, for
example? I am interested and might be
able to help.
A. No, authority is reserved for people acting
under statutory authority. If you wish to
listen in to messages, you should obtain
the permission of the person sending
them.
Q. Isn’t it all right to listen as long as I don’t
pass on what I hear?
A. No, using radio equipment to listen in,
except as provided by section 5(1)(b) of
the WT Act, is an offence, regardless of
whether the information is passed on.
Q. Isn’t this all a bit heavy?
A. No. No-one likes their private or business
conversations to be listened to. Parliament
has passed these laws to protect
the privacy of radio users.
If you require more information on the law
regarding receive-only radio and scanners,
please write to:
RA3/ Enforcement Policy Unit,
Radiocommunications Agency
Wyndham House,
189 Marsh Wall,
London,
E14 9SX.
For further information on other radio
matters contact the Agency’s 24 hr Enquiry
Point on 020 7211 0211
or e-mail on library@ra.gsi.gov.uk
or visit the Agency website at
www.radio.gov.uk
2
Cheers
Shaun
The purpose of this information sheet is to
remove any confusion regarding the reception
of personal or business radio transmissions by
unauthorised persons or groups. It also gives
guidance on the subject by setting out the
legal position with regard to the Wireless
Telegraphy Act 1949 (WT Act). How the
legislation is applied will depend on the
individual circumstances of the offence.
Anyone who intends to listen to radio
transmissions should be aware of the
following:
A licence is not required for a radio receiver
as long as it is not capable of transmission as
well (The Wireless Telegraphy Apparatus
(Receivers) (Exemption) Regulations 1989 (SI
1989 No 123). The exception to this is that
it is an offence to listen to unlicensed
broadcasters (pirates) without a licence.
Licences are not issued for this purpose.
Although it is not illegal to sell, buy or own
a scanning or other receiver in the UK, it
must only be used to listen to transmissions
meant for GENERAL RECEPTION. The
services that you can listen to include
Amateur and Citizens’ Band transmissions,
licensed broadcast radio and weather and
navigation broadcasts.
It is an offence to listen to any other
radio services unless you are authorised
by a designated person to do so.
There are two offences under law:
Under Section 5(1)(b) of the WT Act 1949 it
is an offence if a person “otherwise than
under the authority of a designated person,
either:
(i) uses any wireless telegraphy apparatus with
intent to obtain information as to the
contents, sender or addressee of any message
whether sent by means of wireless telegraphy
or not, of which neither the person using the
apparatus nor a person on whose behalf he is
acting is an intended recipient;
This means that it is illegal to listen to
anything other than general reception
transmissions unless you are either a
licensed user of the frequencies in question
or have been specifically authorised to do so
by a designated person. A designated
person means:
a) the Secretary of State;
b) the Commissioners of Customs and
Excise; or
c) any other person designated for the
purpose by regulations made by the
Secretary of State.
or:
(ii) except in the course of legal proceedings
or for the purpose of any report thereof,
discloses any information as to the contents,
sender or addressee of any such message,
being information which would not have
come to his knowledge but for the use of
wireless telegraphy apparatus by him or by
another person.”
This means that it is also illegal to tell a third
party what you have heard.
With certain exceptions, it is an offence
under Section 1 of the Regulation of
Investigatory Powers Act 2000 for a person–
“intentionally and without lawful authority
to intercept, at any place in the United
Kingdom, any communication in the course
of its transmission by means of:
a) a public postal service; or
b) a public telecommunication system.”
It is similarly an offence to intercept any
communication in the course of its
transmission by means of a private
telecommunication system.
This means that it is illegal to listen to
telephone calls, including mobile phone
networks which are designated as forming
part of the public telecommunications
system.
Receive Only Radio – Scanners Etc.
www.radio.gov.uk
RA 169 (Rev 7)
JANUARY 2001
The Radiocommunications Agency is an Executive Agency of the Department of Trade and Industry
The Agency General Enquiry Point/Switchboard telephone number: 020 7211 0211
FOL 557
Common questions answered
Q. Am I breaking the law by owning a
scanner?
A. No, but it is illegal to use one to listen to
frequencies other than general reception
transmissions or those parts of the radio
spectrum which your transmitting licence,
if you have one, allows you to use.
You could be prosecuted for this.
Q. Can I get a licence to use a scanner?
A. No, there is no scanner licence.
Q. Could I get authority to listen to
emergency service transmissions, for
example? I am interested and might be
able to help.
A. No, authority is reserved for people acting
under statutory authority. If you wish to
listen in to messages, you should obtain
the permission of the person sending
them.
Q. Isn’t it all right to listen as long as I don’t
pass on what I hear?
A. No, using radio equipment to listen in,
except as provided by section 5(1)(b) of
the WT Act, is an offence, regardless of
whether the information is passed on.
Q. Isn’t this all a bit heavy?
A. No. No-one likes their private or business
conversations to be listened to. Parliament
has passed these laws to protect
the privacy of radio users.
If you require more information on the law
regarding receive-only radio and scanners,
please write to:
RA3/ Enforcement Policy Unit,
Radiocommunications Agency
Wyndham House,
189 Marsh Wall,
London,
E14 9SX.
For further information on other radio
matters contact the Agency’s 24 hr Enquiry
Point on 020 7211 0211
or e-mail on library@ra.gsi.gov.uk
or visit the Agency website at
www.radio.gov.uk
2
Cheers
Shaun
