Television licensing in the United Kingdom

For licensing for broadcasting rights, see broadcast license.
This article includes information on TV licensing on the Isle of Man and the Channel Islands which is regulated by the United Kingdom's TV licensing authority.

In the United Kingdom and the Crown dependencies, any household watching or recording live television transmissions as they are being broadcast (terrestrial, satellite, cable, or internet) is required to hold a television licence. Businesses, hospitals, schools and a range of other organisations are also required to hold television licences to watch and record live TV broadcasts.[1] Since 1 April 2010 the annual licence fee has been £145.50 for colour and £49.00 for black and white.[2][3][4] Income from the licence is primarily used to fund the television, radio and online services of the BBC. The total income from licence fees was £3,742.8 million in 2015–16[5] of which £621.7 million or 16.6% was provided by the Government through concessions for those over the age of 75. Thus, the licence fee made up the bulk (77.5%) of the BBC's total income of £4,827 million in 2014–2015.[5]

Operation of the licensing system

Licence fee collection and use

The TV licence fee is a tax [6] collected by the BBC and primarily used to fund the radio, television and online services of the BBC itself. This type of tax (i.e. one raised for a particular defined purpose) is known as a hypothecated tax.[7] Licence Fee collection is the responsibility of the BBC's Finance and Business division.[8]

The BBC is the TV Licensing Authority in the UK

Although the money is raised for its own use, the BBC does not directly use the collected fees. The money received is first paid into the Government's Consolidated Fund. It is subsequently included in the 'vote' for the Department of Culture, Media and Sport in that year's Appropriation Act, and passed back to the BBC for the running of the BBC's own services (free from commercial advertisements). The money also finances programming for S4C and the BBC World Service as well as to run BBC Monitoring at Caversham.

In 1991, the BBC assumed the role of TV Licensing Authority with responsibility for the collection and enforcement of the licence fee.[9] The BBC is authorised by the Communications Act 2003 to collect and enforce the TV licence fee. Section 363 of the Act makes it against the law to install or use a television receiver to watch or record any television programmes as they’re being broadcast without a TV Licence. Section 365 of the same Act requires the payment of the TV Licence fee to the BBC.[9]

The licence fee is formally set by the Secretary of State for Culture, Media and Sport by the use of Statutory Instruments. The relevant Statutory Instruments are The Communications (Television Licensing) Regulations 2004 [10] and amendments since that time such as The Communications (Television Licensing) (Amendment) Regulations 2010.[3] As well as prescribing the fees, the regulations also define "television receiver" for the purposes of the law.

BBC TV Licensing is based at the White City buildings, London

For people living in the Channel Islands and Isle of Man, TV licensing law is extended to their areas by Orders made by their own Governments.[11][12][13]

As part of its enforcement regime, the BBC is authorised to carry out surveillance using powers defined by the Regulation of Investigatory Powers Act 2000 and the Regulation of Investigatory Powers (British Broadcasting Corporation) Order 2001. The BBC is permitted by the latter order to use surveillance equipment to detect unlicensed use of television receivers.[14]

As the public body responsible for issuing TV licences, licensing information held by the BBC and on the BBC's behalf by TV licensing contractors is subject to the Freedom of Information Act 2000. The BBC withholds some information on licence enforcement using exemptions under the Act; in particular, under section 31, which permits the withholding of information on crime prevention grounds and under section 43(2), which allows the BBC to retain information judged commercially sensitive.[15]

TV Licensing Management Team

The TV Licence Management Team, which is part of the Finance and Business division of the BBC, oversees the TV Licensing system.[16] The TV Licence Management Team is based at the BBC White City buildings in London. The majority of TV licensing administration and enforcement activities are carried out under contract by private companies. The TV Licence Management Team monitors the performance of the contractors.

TV Licensing brand or trade mark

The BBC pursues its licence fee collection and enforcement under the trading name TV Licensing, but contracts much of the task to commercial organisations.[17] TV Licensing is a trade mark of the BBC used under licence by companies contracted by the BBC that administer the television licensing system.[17] Concerning the relationship of the BBC brand with the TV Licensing brand, the BBC's position is: "The TV Licensing brand is separate from the BBC brand. No link between the two brands should be made in customer facing communications, in particular, use of the BBC name and logo".[18] However, it also states that the rules for internal communications and communications with suppliers are different and: "the name BBC TV Licensing may also be used within department names or job titles for BBC employees".[18]

TV Licensing contractors and subcontractors

Capita

A major contractor is Capita[19] which specialises in outsourcing for government projects. Capita is responsible for the administration and enforcement of the TV licence fee.[17][20] It is expected that Capita will earn £1.10bn – £1.55bn from its contract with the BBC if it runs its maximum 15 years from July 2012.[8]

Capita's TV Licensing Headquarters is based at India Mill, Darwen, Lancashire.

The services carried out by Capita on behalf of the BBC include dealing with TV licence queries, processing TV licence applications and payments and the maintenance of the licence database.[21] Enforcement tasks include visiting addresses, identifying people watching TV without a licence, taking statements, and achieving prosecutions of TV licence evaders.[22][23][24] TV Licensing debt collection is carried out by akinika,[25] which is a third party debt collection agency owned by Capita.[26]

Capita's TV Licensing headquarters is based at India Mill, in Darwen, Lancashire.[27] Capita employs a number of subcontractors for part of its TV licensing operations – one important one being Computer Sciences Corporation which provides and modernises the required IT infrastructure.[8] Since 2004, Capita has undertaken a proportion of TV licensing administration at locations outside of the UK and "has progressively increased the amount of work processed overseas each year".[8] However, as of 2013, Capita has not set up any overseas call centres to carry out TV Licensing work and it would need the BBC's permission to do so in the future.[8] Some of Capita's TV Licensing work is carried out in Mumbai, India.[28]

Proximity London Ltd

Marketing and printing services, including reminder letters and licence distribution, are carried out by Proximity London Ltd.[29]

Havas Media

Media services are contracted to Havas Media.[16]

Other contractors

Other contractors involved in TV Licensing include PayPoint which provides over-the-counter services in the UK, and the Post Offices which provide the same services in the Isle of Man and Channel Islands.[8] Also involved are: AMV BBDO Ltd[29] who provide advertising services, and Fishburn Communications Limited [30] who carry out public relations.

Duration of a TV licence

A TV licence, once issued, is normally valid for a maximum of 12 months. The period of its validity depends on the exact day of the month it is purchased; this is because TV licences always expire at the end of a calendar month. If a licence were to be obtained in September 2014, for example, it would expire on 31 August 2015. Thus the period of validity would vary between 11 and 12 months depending how early in the month it was bought.[31] If an existing licence is renewed on time, the new licence will last the full 12 months.

The BBC sometimes issues 'short dated' licences in situations when a licence is renewed after the expiry date of the previous licence. The BBC does this as it assumes that TV was being watched in the interim period between expiry and renewal. Short dated licences are set to expire 12 months after the previous expiry date.[32]

If a UK resident aged 74 years wishes to purchase a TV Licence, they can apply for a short-term TV Licence to cover the time until they reach 75 when they become eligible for a free licence in the UK. Short-term licences for 74-year-olds are also available on the Isle of Man and Guernsey.

If a TV licence is no longer needed for an address it is possible to cancel a licence and apply for a partial refund.[33] The amount refunded will depend on the time left to the expiry date. Normally only full quarters (that is three consecutive calendar months) of unexpired licence period are refunded.[34]

The BBC may also revoke a licence under certain circumstances.[34]

Cost of a licence

The level of the fee is decided following periodic negotiations between the UK Government and the BBC Trust.[35] From 1988 to 2010, the licence fee was increased annually each April [36] Before 1988, increases in the licence fee happened at irregular intervals, sometimes a few years passing between changes. Since April 2010, the licence fee has remained constant.

Payment methods

The BBC allows the following forms of payment of the licence fee:[37]

A Post Office in Guernsey. Unlike in the UK, TV Licences may still be purchased at Post Offices on Guernsey, Jersey and the Isle of Man.

The payment methods mean that the licence fee is paid for either completely or partially in advance. Annual payments require complete payment in advance. For monthly direct debit, a new licence is paid off in 6 monthly installments of just over £24 a month. Renewal licences are paid for in 12 monthly installments starting 6 months before expiry of the licence in force i.e. starting 6 months before the renewal date.[37] Quarterly payments made using direct debit carry an additional cost of £5.00 per year, or £1.25 a quarter, which is included in the licence fee total. This addition is described as "a small charge" in the generic letter issued by TV Licensing to those paying by direct debit, and on the TV Licensing website it is justified with: "By paying quarterly the majority of your licence is paid for as you use it. This differs from our other instalment schemes, where at least half of the licence fee is collected in advance. As a result, quarterly payments incur a small premium of £1.25 per quarter which is included in your payment."[37] Typically, direct debit schemes in the UK for major utilities or publicly provided services operate in a reverse way, granting a discount to direct debit payers.

In the Channel Islands and the Isle of Man, over the counter services are provided by the Post Office rather than by PayPoint outlets.[38]

Concessions

Over 75s

In the United Kingdom, free TV Licences are available to those aged over 75. Funding for these licences by the Department for Work and Pensions is due to be gradually cut between 2015 and 2021.[39] The concession covers the whole household, so that even if just one member of the household is over 75, then a free TV Licence may be applied for to cover all the residents.[40]

The Isle of Man has an identical scheme funded by the Isle of Man Department of Social Care.[40]

In the Channel Islands the situation is more complicated. For example, residents of the islands of Guernsey, Alderney and Herm (parts of the Bailiwick of Guernsey) who are over 75 can apply for a free TV Licence to cover their household. In addition, over 65s in receipt of state benefits may be eligible for the concession. However, there are no over 75 concession available for residents of Sark which is part of the Bailiwick of Guernsey.

On the island of Jersey, the concessionary licences are available on a means-tested basis.

Blind or severely sight impaired concessions

Licences are half price for the legally blind.[41] In order to receive the concession, the blind or severely sight impaired person must apply to the TV Licensing Blind Concession Group with proof of impairment. The proof is either a copy of the document of blind registration or a certificate from an ophthalmologist.[40] The concessionary TV licence covers TV use by the whole household.

Residential Care Homes

Those aged over 60 and in residential care homes (including nursing homes, public-sector sheltered housing and almshouses) can get Accommodation for Residential Care (ARC) licences for £7.50 a year.

Total licence sales

TV licence sales figures were quoted by the BBC to be 25.562 million in the year 2014/15, including 4.502 million concessionary licences for the over 75s,[42] which were paid for by the UK government. The equivalent figures for the year 2013/14 were 25.478 million total licences including 4.328 million licences for the over 75s.[43] In 2014/15, the BBC estimated that there were 26.916 million licensable properties in the UK (defined as premises where live TV was being watched),[42] indicating that if the BBC estimates are correct, around 95% of properties are correctly licensed. The total income generated from licence fees was £3,743 million in 2015–16.[5]

The vast majority of TV licences are for colour TV. For example, there were 10,461 black and white TV licences in force on 31 August 2014, compared to 25,460,801 colour TV licences. The BBC has also stated that during the financial year 2013-14, a total of 41,483 blind concessionary (half-price) licences were issued in the UK of which 29 were blind concessionary black and white licences.[44]

Channel Islands

In January 2012, there were 36,261 colour licences in force in Jersey[45] as compared to 77,480 addresses (residential properties, businesses and other premises) on the TV Licensing database for the island (at the end of December 2011).[46] This would suggest around 53% of Jersey addresses did not have a TV licence at the beginning of 2012.

The comparable figures for Guernsey are 23,673 licences in force in January 2012 [45] and 40,263 addresses on the database at the end of December 2011.[46] Thus there were around 41% unlicensed properties in Guernsey at the beginning of 2012.

History

When television broadcasts in the UK were resumed after a break because of the Second World War, it was decided to introduce a television licence fee in order to finance the service. When first introduced on 1 June 1946, the licence covering the monochrome-only single-channel BBC television service cost £2 (equivalent to £74.82 as of 2015).[47] The licence was originally issued by the General Post Office (GPO), which was then the regulator of public communications within the UK. The GPO also issued licences for home radio receivers powered by mains electricity [48] and was mandated by laws beginning with the Wireless Telegraphy Act 1904, to administer the licensing system. Households which bought a TV licence did not need to hold a separate radio licence as the TV licence covered both TV and radio reception.

The BBC started regular TV transmissions in colour from the summer of 1967.[49] On 1 January 1968, a 'colour supplement' of £5 was added to the existing £5 monochrome licence fee; the combined colour licence fee was therefore £10, the equivalent of £156.40 as of 2015. The current (2010–2016) cash cost is £145.50 for colour TV and £49 for monochrome TV, per household.[50]

The radio only licence was abolished on 1 February 1971, when it was £1.25 (actually £1-5s-0d in pre-decimal UK currency) or the equivalent of £19.55 in 2015 prices.[36]

On 1 April 1991, the BBC took over the administration of television licensing in the UK, assuming the responsibility of licence fee collection and enforcement.[9][51] Since this date, the BBC has been the statutory authority for issuing television licences (before April 1991, the statutory authority was the UK Home Office), although the UK Government retains certain powers and responsibilities with regard to TV licences.[51]

In July 2002, the BBC awarded Capita the contract to manage the TV Licensing system, replacing the Post Office (which had been renamed Consignia at this time).[52]

In January 2006, the Office of National Statistics classified the licence fee as a tax.[6] Previously, this payment had been designated a service charge.

Licence fee expenditure

Further information: BBC

The BBC Trust gives the following information for expenditure of licence fee income during the year 2009–10 of £3.56 billion[53] (expressed here in percentage terms):

Since April 2014, the BBC World Service on radio and BBC Arabic Television have been funded from the licence fee. Prior to this date they were funded by a grant from the government's Foreign and Commonwealth Office. The World Service cost the BBC £240 million in the 2015/16 financial year.[5]

The BBC also paid in 2015/16 contributions to: broadband rollout (£150 million); partial funding of the Welsh channel (£75 million), S4C (which is also funded by the Department of Culture, Media and Sport); and a contribution towards the costs of Local TV (£3.5 million).[5]

BBC World News and the BBC's other international television channels are operated commercially and will continue to not receive licence fee money. The revenues they generate supplement the licence fee in financing the UK services.

In addition, the BBC Alba Gaelic language television service is predominantly funded by MG Alba, an organisation funded by the Scottish Government.

(*) During 2007/2008, the BBC stated that 3.6% of the licence fee was spent on collection.[54]

When a TV licence is required

According to an Act of Parliament, a TV licence must be obtained for any device that is "installed or used"[55] for "receiving a television programme at the same time (or virtually the same time) as it is received by members of the public".[56]

According to TV Licensing, "You need a TV Licence to use any television receiving equipment such as a TV set, digital box, DVD or video recorder, PC, laptop or mobile phone to watch or record television programmes as they're being shown on TV".[57] Portable televisions and similar equipment such as laptops and mobile phones powered by internal batteries are covered for use anywhere under a licence held for their owner's residence.[58]

On 1 September 2016 the conditions under which a television licence is required changed to include receiving on-demand programme services provided by the BBC,[59] on the iPlayer catch-up service.[60]

However, there are a few exceptional cases when live TV may be watched without a licence.

When a TV licence is not required

It is not necessary to own a TV licence for the purpose of:[61][62][63]

A programme previously recorded on properly licensed premises and then watched on unlicensed equipment is outside the scope of the Communications (Television Licensing) Regulations 2004, because it is not "received at the same time (or virtually the same time) as it is received by members of the public,"[56][67] although such recordings may infringe copyright.

TV Licensing offers the following advice to those who have a TV but 'who wish to make it clear that they do not need a licence':[68]

However, TV Licensing also says that it is not compulsory to follow this advice. To listen to digital radio on a TV, for example, it would be necessary to attach the TV to an aerial and tune the TV to different channels. The BBC has made it clear that it is legal to listen to digital radio using a TV without holding a TV licence.[63]

According to Ofcom, TV transmissions over the Internet are a grey area[69] which in future might make fees based on television ownership redundant. In 2005, a Green Paper by the Department for Culture, Media and Sport[70] included suggestions of "either a compulsory levy on all households or even on ownership of PCs as well as TVs".[71] However, TV Licensing have since stated that use of any device (including a computer or mobile phone) receiving transmissions at or about the same time as they appear on TV requires a licence.[57][67] The BBC is aware that new technology represents a threat to its revenue. A recent BBC report states "there is a continued threat to the growth in TV Licence sales from the increasing number of people consuming television in a way that does not need to be licensed".[72]

It used to be the case that televisions receiving a transmission from outside the UK (e.g. in Germany, Italy, Greece, Turkey and the Netherlands via the Astra satellite, on which many channels are free-to-air) did not need a licence,[22] but this was changed by the Communications Act 2003, so that the reception of television from any source requires a TV licence.

In 2012, more than 400,000 households informed the BBC that they did not need a TV licence.[73] According to the BBC, the average number of addresses in the UK with a No Licence Needed (NLN) status in the 2013 calendar year was 1,879,877.[74] In the month of June 2013, 5,043 NLN declarations were made to the BBC on the grounds that the address was only watching catch up TV.[74]

Use of Digiboxes (digital set-top boxes) and TV Licensing requirements according to the BBC [65]
Equipment in use Does it record? What is it used with? Licence required
Digital box No Colour TV Colour
Digital box No Black and White TV Mono
Digital box All Boxes External sound receiver or radio only through TV No Licence required
Digital box and /or VCR Yes Colour or Black and White TV Colour

Exceptions to the TV licensing regime

There are a few exceptions to the TV licensing regime where live TV may be watched without a TV licence being held for that property. These cases are:

Number of licences required per address

A licence is required to watch live TV transmissions anywhere, including residential and business premises.[79]

For residential premises, only one licence is required per household per address, regardless of the number of licensed devices or the number of members of the household.[80] However, the licence itself is always held in the name of an individual.[81]

A rented property in multiple occupation by a joint tenancy agreement is considered by TV Licensing as one household and requires only one licence, but a rented property with multiple, separate tenancy agreements is not considered a single household and each tenant may require a separate licence.[82] For example, a house in multiple occupation may have private bedrooms and shared communal areas: if five occupants share such a property with individual tenancy agreements then they may require up to five television licences if each private room contains a television receiver, while a similar property housing five occupants under a joint tenancy agreement may require only one television licence.[83]

Television use away from home

Use of television in a static caravan is covered by the licence held for the user's main address, provided there is no simultaneous use of television at both places, and the use of television in a touring caravan is always covered by the user's main home licence.[84] The use of a television set which is powered solely by its own internal batteries is covered for any address by the user's main home licence, but requires a separate licence if it is plugged into the mains or other external power source, such as a car battery;[84] this also applies to TV-enabled mobile telephones.[67]

Students during term-time may not need a separate TV licence if one is held at their permanent home-address if they watch TV on a device powered solely by its own internal batteries. Specifically, in order to be able to watch TV without a licence at their term time address, the following must be true:[85]

Licence fee enforcement

TV licence evaders

A person who watches or records live TV without being in possession of a TV licence is referred to by the BBC as a 'TV licence evader'.[8] Each year the BBC estimates the evasion rate (expressed as a percentage of total 'licensable properties') and publishes the value in its Annual Report and Account.

The basic formula for estimating the evasion rate is:[32]

  

where:

L=Number of TV Licences in force

Ho=Number of domestic households

PR=Penetration rate of TVs into households

NDL=Non-domestic licences required

The figure for number of licences in force is taken from the BBC's database. The other variables used to calculate the evasion rates are estimates. The data for the number of domestic households is taken from the Department of Communities and Local Government figures. The Broadcasters' Audience Research Board survey is used to estimate the rate of penetration of TV sets into domestic households. Non domestic licences include licences required for students, military accommodation, hotels and businesses. Various sources are used to estimate this figure.[8]

The most recent published figures for 2014/15 state that the evasion rate is between 5 and 6%.[86] For the year 2005–6, TV Licensing reported that they "reduced estimated evasion to a record low of 4.7%".[87] However, this figure rose during the following year to 5.1%[88] and remained at 5.1% during 2007–8.[89] For the year 2010/2011 the evasion rate is stated as 5.2%.[90] According to the BBC "the published rate of evasion has increased marginally to 5.5% in 2012/13".[8] The evasion rate is far from uniform across the UK, with Scotland having a far higher rate than the UK as a whole.[91] One reason given by the BBC for evasion is lack of money in a household. For example, in the BBC Full Financial Statement 2012/13 the BBC says: 'as household budgets come under pressure, we are starting to see an increase in licence fee evasion rates over their prior year level'.[92] However, this is not the only reason given for TV licence evasion, since according to a submission made by the BBC to the Information Commissioner's Office: 'the BBC said that it is also aware that a growing number of individuals deliberately evade the licence fee due to dissatisfaction with the BBC'.[93]

According to a National Audit Office report from 2002: "Areas with high evasion rates are most likely to have, for example, a higher than average proportion of younger people, low income households, and students and single parent families, and a level of County Court judgments 50 per cent above the national average".[94] However, according to the BBC, 'evasion is spread across all socioeconomic groups'.[88] The BBC has also claimed that the 'TV Licensing evader profile' could be characterised by the distribution by social grade of 1.3m properties that were not licensed on 31 March 2007. The profile was given as follows: AB 20.1%, C1 29.1%, C2 13.6%, D 18.9%, E 18.3%.[88]

The Broadcasters' Audience Research Board estimated that of June 2004, 2.3% of UK households do not have television,[95] and in September 2008, the BBC reported that some one million people do not need a TV licence.[89] Alleged excuses given by householders for not having a licence include loss of mail, being "too busy" and suffering from polymorphous light eruption (sun allergy).[96] The results of market research carried out on self-identified evaders concluded that roughly half were 'opportunistic delayers' who were playing the system to avoid immediate payment and that the others were 'deliberate evaders' who were trying to 'cheat the system'. Nearly one fifth of respondents claimed never to have bought a TV Licence.[94]

LASSY database

Since it is not possible to prevent a person buying and using TV receiving equipment without being in possession of a licence, it has been found necessary to enforce the TV licence system by first identifying TV licence evaders and then attempting to sell them a licence and, in some cases, prosecuting them.[22] The critical method of detecting TV licence evaders is through the use of a database system known as LASSY,[97] which contains 29.5 million[88] addresses in the UK. LASSY is an acronym of 'Licence Administration and Support System' .[54] According to the National Audit Office: "The database holds records of potentially licensable properties and basic details (such as the name of the licence holder and the licence expiry date) of those for which valid licences are held".[94] This database is routinely updated with licence holders' details. Until 25 June 2013, dealers in television receiving equipment were required by law to provide TV Licensing with identifying information about everyone who buys or rents such equipment.[98] However this requirement has been lifted by the Enterprise and Regulatory Reform Bill passed in 2013.[99] TV Licensing maintains permanent contact with every address in the database that is recorded as not having a TV licence[100] until a licence is purchased for that address or until TV Licensing confirm that the household does not need a licence. If it is confirmed that a household does not watch or record live TV, the address is put into the NLCC (No Licence Needed Claim Confirmed) category. Residential properties put into this category are not visited or contacted for a period of two years from the time that the claim was confirmed. Business properties on the other hand, are exempted from visits or mailings for three years after confirmation.[22]

TV Licensing letters and telephone calls

TV Licensing may make initial contact by letter[18] or by phone with occupants of addresses for which there is no current licence.[54] During the financial year 2012–13, approximately 21.5 million letters were sent to unlicensed addresses. The average postage cost to post one standard TV Licensing letter in the financial year 2012/13 was stated to be £0.2059.[101] The methods by which an occupant can reply are in writing, by telephone or by filling in an online form . If there is no reply to the first letter and a TV licence is not bought by the occupant, then TV Licensing continues to write regularly to the address and "the tone of the letters progressively becomes stronger to encourage a reply".[63] For example, one of its standard letters includes the phrase: "OFFICIAL WARNING: WE HAVE OPENED AN INVESTIGATION". This warning was included in 940,615 letters sent in January/February 2013.[102] Another standard letter states: 'Dear Sir/Madam, you have not responded to our previous letters. We want to ensure you have the information you may need before a hearing is set at your local court.' [103] More than 3 million letters containing this phrase were sent in 2011.[104]

Three basic tones of voice are used in TV Licensing letters: "Customer Service", "Collections" and "Enforcement".[18] According to the BBC: "Customer service is the brand experience we create for customers who are currently licensed, unknowingly unlicensed or who don’t need a licence", whereas "Collections is the brand experience we create for those customers whose TV Licence has expired and whom TV Licensing wants to motivate to renew." Finally, the Enforcement tone is used for households who have been unlicensed for a longer period. This period is not specified in freely available documents but TV Licensing suggests it could be used, for example, for the third and fourth Renewal reminder.[18] Each of these 'tones' involves letters with a different colour palette. For example, green is used in 'Customer Service' letters and red may be used in 'Collections' and 'Enforcement' letters. In all cases, the vocabulary and format used in the letters is strictly defined.[18]

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.[105][106]

According to the BBC, it is not possible to opt out of receiving TVL mailings since they 'are not advertising or marketing material'.[107] Similarly, householders who do not have a licence cannot exclude themselves from unsolicited calls from TV Licensing by registering with the Telephone Preference Service.[108]

In 2014, a householder invoiced TV Licensing £40 as a 'processing fee' for 'opening, reading and filing' a TV Licensing letter. Because TV Licensing did not pay the charge, the householder took the claim to the County Court, eventually winning the case and receiving the fee plus other costs incurred.[109]

Enquiry officer visits

If a colour TV licence is not purchased for an address, TV Licensing agents—known as "visiting officers", "enquiry officers" or "enforcement officers"—make unannounced visits to the address. In August 2013, there were reported to be 334 enforcement officers [110] all employees of the BBC's main enforcement contractor, Capita. These enforcement personnel make around 4 million visits a year to households in the UK and Crown Dependencies.[111] Each week a visiting officer may upload a number of unlicensed addresses onto their "handheld device".[112] The visiting officer is only allowed to visit the addresses on this list, which are normally within a 30-minute travelling distance from their home postcode. Visiting officers do not visit addresses in their own postcode, however.[112]

Although TV Licensing enforces the BBC's statutory obligation to ensure that every address where a television licence is required is correctly licensed its agents have no special right of access and, like any other member of the public, rely on an implied right of access to reach the front door. A householder may withdraw the implied right of access to TV Licensing personnel by contacting the BBC and informing them that this right has been revoked; the BBC says they respect such requests (although could still seek a warrant to search the property), except in Scotland. As of March 2014, 7299 households had withdrawn the implied right of access.[111][113] However some dispute that the BBC respect these requests.

Upon visiting a property, Enforcement Officers ask a set of predetermined questions to whoever answers the door when they visit."[22] They first try to find out if the person who responds to the Enforcement Officer is an "appropriate person" to interview (i.e. an adult who lives at the property). They then try to find out if that person has been receiving TV without a licence. If they suspect that this is the case, they issue an official caution to the person that whatever they say may be used against them in court. They then take a prosecution statement and ask the interviewee to sign it. The Enforcement Officer may ask permission to enter the property and may examine any TV receiving equipment found there. According to the Visiting Procedures: 'circumstantial evidence of use should be noted on the Record of Interview whenever visible (e.g. sky dish, aerial lead plugged into TV, remote control on settee) as this provides supporting evidence for potential prosecution and may be vital if the confession should later be challenged.'[22]

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, then TV Licensing may apply to a magistrate for a search warrant.[88] The BBC states that a search warrant would never be applied for solely on the basis of non-cooperation with TV Licensing[114][115] and that in the event of being denied access to unlicensed property will use detection equipment rather than a search warrant.[116]

According to the Daily Mail newspaper: "TV licensing catches all but a tiny minority of cheats by the very low-tech technique of sending inspectors to knock on their doors. Although ‘enforcement officers’ have no official powers of entry, they are trained in either talking their way across the threshold, or tricking homeowners into confessing they have been watching TV illegally."[117] The same newspaper also has reported in 2014 that Enforcement Officers can double their basic salary of £14,000 (£17,000 in London) by obtaining commission payments. Commission is paid when an Enforcement Officer obtains a prosecution statement from a householder, although they need to take a minimum of 30 statements in a week before they start earning commission.[118]

Detection technology

TV detector vans

A Leyland Sherpa television detector van.

TV detector vans have in the past featured heavily in TV Licensing publicity,[119] highlighting that technology capable of detecting signals from operating TV sets could be employed.[120] Detector vans date from the 1950s, when the Post Office ran converted Hillman Minx and Morris Oxford estate cars, which had large aerials attached to their roofs. [121] Subsequently Commers were introduced. In the 1980s, vans were supplied by Dodge and Leyland. In the 1990s, Ford Transits were introduced. In 2003, TVL launched its 10th model of detector vans. It was stated that these vans had removable branding so that they could operate covertly.[122]

A Dodge television detector van.

Few technical details of the detectors used have been released. In a press release from 2003, the BBC stated that:[120] "the new vans are so powerful they can tell if a TV is in use in as little as 20 seconds". It was also stated that the equipment has a range of up to 60 metres and "can pinpoint the actual room that the television set is in." However, on TV Licensing's own site in 2015, no information on range or accuracy of the equipment is given. It says that 'a range of detection tools at our disposal in our vans.' It is also stated that the available equipment has been developed in secrecy and that 'engineers working on specific detection methods work in isolation - so not even they know how the other detection methods work.' [123]

Although no technical details of the TV detectors used in these vans have been made public, it is thought that they operate by detecting electromagnetic radiation given off by a TV.[124] The most common suggested method is the detection of a signal from the TV's local oscillator.[125]

Hand-held detectors

Hand-held TV detectors have also been developed by the BBC.[88] According to information given to the Daily Mail in 2007,[126] the hand-held detector had a range of 29 ft, giving an audible signal to the operator if a TV was detected. It was also stated that it could be used to detect TVs in 'individual flats in blocks.' In the Birmingham Mail for the same year, the detectors were described as 'little bigger than a torch', weighing 280g, which made a beeping noise when they detect a TV.[127] The company Buckman Hardy Associates has made such equipment for the BBC in the past [128] but the equipment shown in the publicity campaigns run in 2007 was all made by the BBC itself.[129]

Optical Detectors

In 2013 it was revealed that the BBC had used optical TV detectors to apply for a search warrant.[130] Although few technical details were given, it was stated in an application for a search warrant that: "the optical detector in the detector van uses a large lens to collect that light and focus it on to an especially sensitive device, which converts fluctuating light signals into electrical signals, which can be electronically analysed. If a receiver is being used to watch broadcast programmes then a positive reading is returned." [130] The BBC stated that this was strong evidence that a set was "receiving a possible broadcast".

Primarily a deterrent

Detection appears to be primarily a deterrent to evasion. The BBC admits that no detection evidence has ever been used to prosecute a licence fee evader. They refuse to release any details of the technology supposedly used as to do so would ‘change the public’s perception of the effectiveness of detector vans’.[131] A leaked BBC document on the collection – and non-collection – of the fee summarises findings presented by the TV Licensing's Executive Management Forum and "makes no mention of detector vans – but it does contain plenty of other facts and figures".[132]

The BBC states that 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.[97][133] 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 2000[88] and the Regulation of Investigatory Powers (British Broadcasting Corporation) Order 2001.[134][135] Like other public bodies that undertake covert surveillance, the BBC is subject to the scrutiny of the Office of Surveillance Commissioners, which inspects the BBC every other year.[136] A number of official inspection reports on the BBC's detection methods have been made available following freedom of information requests[137] These reports give an outline of the process of authorisation of the use of detection equipment. Briefly, applications for authorisation are made in the name of the Detection Manager of Capita. Correspondence between TV Licensing and the affected householder may be attached to the completed application forms which pass via a quality control 'gatekeeper' to the authorising officers (AOs) at the BBC. In 2012 there were two designated AOs at the BBC. To be authorised, an application must be shown to be 'necessary and proportionate'. AOs sometimes reject applications. Once approved, the authorisation lasts for a duration of eight weeks.

TV Licensing states "detection equipment will only be used if other less intrusive and more cost effective routes have been exhausted",[138] and the BBC has stated that "Detection technology is generally used to obtain search warrants".[133] In a reply to a FOI request in 2011, the BBC stated "I can confirm that TVL has not, to date, used detection evidence in Court". The BBC also wrote that such evidence "is unnecessary" because "TVL uses detection evidence when applying for search warrants. If, following service of the warrant an individual is found to be evading payment of the TV Licence, then the evidence obtained via the search warrant is used in court, not the detection evidence.[139]

Search warrants

In some cases, TV Licensing may apply to a magistrate (or a sheriff in Scotland) for a search warrant as part of the enforcement process.[140] According to TV Licensing such an application may only be made 'when there is good reason to believe that an offence has been committed, evidence of the commission of that offence is likely to be found, and conditions regarding access to the property warrant the granting of a search warrant'.[140] The same source also states that 'The BBC contracts Capita Business Services Ltd to carry out television licensing enforcement activities, including applying for and executing search warrants.' The BBC's contractor uses powers granted by Section 366 of the Communications Act 2003 to apply for and exercise search warrants.[141] The Act specifies that the search warrant is valid for a month after being granted. According to the BBC, such warrants are usually served in the presence of police officers.[140] The TV Licensing Visiting Procedures state: 'To minimise the impact on normal operations Enforcement Managers accompanied by an EO should in normal circumstances execute search warrants. On no account must the warrant be executed without two officers being present. Normally the two officers must be accompanied by a Police Officer'.[22] The warrant provides an authorisation to search a premises, and to examine and test any television receiver found. However, there is no power to seize any apparatus.[142] According to the BBC Search Warrant Policy "force must not be used by TV Licensing to gain entry to a property".[143]

Data on the number of search warrants executed per year in the whole of the UK are not collated or held centrally by the various judicial bodies of the state. However, the BBC, itself, holds the information some of which has become available due to FOI requests.[144] For example, in the financial year 2014/15, TV Licensing applied for 256 warrants to serve in the UK. 167 warrants were granted by the courts of which 115 were executed. In the same year in Scotland no warrants were applied for or served whilst in Northern Ireland 12 warrants were granted and 7 executed in the year.[144]

Some idea of the frequency at which warrants are used may also be taken from the result of a recent FOI request.[145] It was revealed that Sheffield Magistrates granted TV Licensing a total of six search warrants in the years 2011, 2012 and 2013, whilst in Northampton (including Wellingborough and Kettering) only two were granted in this period.

Information provided by the Scottish Court Service suggests that TV Licensing search warrant applications in Scotland are virtually non-existent. In their response to a FOI request the Scottish Court Service confirmed that no search warrant applications were made to courts in Scotland's two largest cities, Glasgow and Edinburgh, in the three-and-a-half years between 1 January 2011 and 21 July 2014.[146]

Prosecution and fiscal fines

In 2014, 204,018 people were prosecuted or fined for TV licence offences: 185,580 in England and Wales[147] (173,044 in England and 12,536 in Wales), 4,905 people in Northern Ireland and 15 in the Isle of Man.[148] In Scotland, there were 13,486 cases disposed of via an out of court fine and 32 prosecuted via the courts in 2013-2014.[149] There have been no prosecutions for TV licence offences in Jersey since 2009, all cases having been resolved at Parish Hall Enquiry. Putting these numbers in perspective, it would appear there are more prosecutions and convictions per capita in Wales than in any other country in the UK.

Around 70% of TV licence evaders are female.[150] This 30%-70% male/female ratio is pretty much constant across the whole of the UK and is at odds with statistics for other small crimes (Table B4a).[151] This gender imbalance has not always been the case. In 1980, there were roughly similar numbers of men and women proceeded against for TV licence evasion. Since then the proportion of female to male defendants has risen steadily.[152]

In 2014, 24,025 prosecutions that were commenced by the BBC did not result in conviction. (over 1 in 10 cases in England and Wales[153])

Licence evaders are liable for prosecution and a fine of up to £1,000 in the UK.[154] However, because the licensing regime covers 6 different jurisdictions, the legal processes and penalties for the crime of TV licence evasion differ markedly across the UK and Crown Dependencies. The average fine is £170 in England and Wales,[155] £70 in Jersey, £80 in Northern Ireland, £75 in Scotland (out-of-court disposal) [149] and £200 in the Isle of Man [148]

TV licence evasion is not punishable by a period of imprisonment per se, but if convicted evaders refuse to pay the fine they were ordered to pay, or are incapable of paying it, a period of imprisonment may be imposed as a "last resort". The length of stay is decided by the amount owed. In England and Wales, 39 people were given an average of 20 days in 2014 (compared to 32 in 2013 and 51 in 2012).[149] There were no custodial sentences imposed during the 5-year period 2009-10 to 2013-14 in Scotland or in Jersey.

The British parliament proposed decriminalising the offence once and for all, but the proposition was turned down by a House of Lords vote by 178 to 175 in February 2015.[156] Behavioural research conducted for the BBC found that if the TV licence was decriminalized and the £1000 fine was replaced by a civil penalty of over £300, evasion rates would stay at 5%.[157]

England and Wales

Pontefract Magistrates Court. In England and Wales, cases involving TV licence evasion are held at magistrates courts

In England and Wales, prosecutions are the responsibility of the BBC and are carried out by its contractor, Capita, in magistrate's courts [23] In England and Wales TV Licensing has a maximum of 26 weeks to lay information to court after receiving information regarding unlicensed use of a TV from its Visiting Officers.[158] During this period, and a maximum of 24 hours before a decision to prosecute a householder is taken, TV Licensing will check if a licence has been purchased. The decision to prosecute usually takes place 12–14 weeks from receiving the Visiting Officer's report. TV Licensing serves documents on defendants 4–6 weeks prior to a court hearing. A final check to see if a TV licence has been purchased is made a maximum of 2 days before the hearing.

Licence fee evasion makes up around one ninth of all cases prosecuted in magistrate courts.[159] For every man prosecuted, two women are brought before the magistrates for this offence: it has been speculated that this is because women are more likely to be at home when an enforcement officer calls.[160] Proceedings for TV Licence evasion form a high percentage of all prosecutions carried out against women - over a third of all cases against women in England and Wales in 2013 were for this offence.[161] By comparison, TV licence evasion made up around 5% of prosecutions against men in 2013 in England and Wales.[161]

The maximum fine for this offence of up to £1,000 is frequently publicised by TV Licensing to maximise deterrence.[162] In reality, magistrates rarely impose the maximum fines allowed to them by law. For example, during the year 2005–6, the average fine including costs was approximately £153[163] (slightly more than the cost of a licence). According to a 2013 TV Licensing briefing document, the level of fines and costs imposed by magistrates court vary considerably between different regions of England and Wales.[23] In North Wales average fines and costs were stated to be £108.90 whilst offenders in the English Midlands area of "Black Country, Staffordshire & West Mercia" were required to pay £197.70.

Magistrates take into account the financial situation of the defendant when imposing fines.[164] They also take into account: whether it is a first offence; if a TV licence has been purchased and the length of time a defendant was unlicensed. The following are regarded as 'factors indicating lower culpability' which can result in mitigation of the sentence:[164]

A guilty plea may also result in a lower fine.

According to TV Licensing: "many evaders claim that an enquiry officer told them they would not be prosecuted if they bought a licence". However, it is also pointed out that "it is a disciplinary offence for an enquiry officer to say or suggest this".[23] Nevertheless, the same TV Licensing briefing does say that: "first-time evaders may escape prosecution if they purchase a licence immediately".[23]

The UK government has stated that: "Most TV licensing cases that are heard by magistrates courts are uncontested and the case is therefore often resolved in the defendant's absence." [165]

The Magistrates' Association has been calling for the decriminalisation of TV licence evasion for nearly 20 years, concerned that evaders are punished disproportionately.[166] The Adam Smith Institute has published a report calling for the BBC to give up the licence fee. One of the reasons given is the licence fee criminalises poor people, in particular women with children living on welfare. The report points out that such people are liable to be re-prosecuted almost immediately unless they dispose of their TVs.[167] In fact, an National Audit Office report from 2002 stated that "significant numbers of offenders do not buy a licence following conviction".[94]

TV Licensing is managed as a sales operation[168] and its officers are motivated by commission payments.[169] 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.[170] In April 2012 an Essex man convicted of TV licence evasion had his conviction overturned when TV Licensing were unable to confirm the validity of video evidence they presented in the original trial.[171]

According to TV Licensing, 30% of those prosecuted for TV Licence evasion in 2012 were found to have satellite or cable subscriptions.[23]

Although those found guilty of TV licence evasion cannot be sent to prison for that offence, if they default on their fine, they can be imprisoned. For example, in 2011, 48 people were imprisoned in England and Wales for defaulting on fines imposed for TV licence evasion. The figure for 2012 was 51.[172]

Number of offences under Wireless Telegraphy Acts in England and Wales[173](overwhelmingly made up of TV licensing cases)[157]
2009 2010 2011 2012 2013
Number of proceedings 166944 164462 170650 193049 178332
Found guilty 148867 142386 149239 164932 153369
Average fine £167 £171 £169 £169 £170

Northern Ireland

In Northern Ireland, prosecutions are the responsibility of the BBC and are carried out by its contractor, Capita, in magistrate's courts [174] The prosecution process is very similar to that of England & Wales.[158]

In 2008, 5,272 people in Northern Ireland were prosecuted for non-payment of the television licence fee of which 4,118 were fined. The corresponding figures for 2007 were 5901 people prosecuted and 4,464 fines imposed.[175]

Scotland

Procurator Fiscal's Office in Kilmarnock. In Scotland, the decision to prosecute TV licensing cases is taken by the Crown Office and Procurator Fiscal Office. Very few cases come to court in Scotland.

In Scotland, the Crown Office and Procurator Fiscal Office undertakes prosecutions for TV Licence evasion.[176] Very few cases in Scotland come to court. Instead of prosecution, in Scotland, TV licence fee evaders are usually asked by the Procurator Fiscal to pay a fiscal fine and a small number are simply given a warning. For example, in 2013-2014, just 10 cases reached the courts whereas 12969 people were asked to pay a fiscal fine, no action was taken in 275 cases, and 174 people were sent a warning. In addition, 2 people were asked to pay compensation and 1 person was offered the chance to pay a combination of fiscal fine and compensation.[177] In 2013-14, almost all of the fiscal fines (12603 out of 12969) were at the level 2 rate of £75.[177]

Isle of Man

On the Isle of Man, prosecutions are prepared by Capita on behalf of the BBC [178] although they are carried out by Manx Law Officials [13] in magistrates courts. The maximum fine is £1000.

In a submission to Tynwald (the Isle of Man Government) regarding prosecution for non-payment of the BBC licence fee in the Crown Dependencies, the BBC stated 59 cases were laid to court in the Isle of Man between 2007 and 2009 although "these figures include cases where no further action may have been taken (eg because a writ was not served or the case was withdrawn)".[13]

Number of offences prosecuted of "NO TELEVISION/RADIO LICENCE" recorded by the Constabulary of the Isle of Man [179]
2011/12 2012/13 2013/14 2014/15
Number of offences 0 0 93 0

In its response to the UK Government's TV Licence Fee Enforcement Review, published in 2015, the Isle of Man Government 'agreed that it is supportive of the decriminalisation of non-payment of the TV licence fee'.[180]

Guernsey

The maximum fines for this offence in Guernsey is £2000.[181] Initial investigations into license fee evasion are carried out by Capita employees as in the UK. However, prosecutions are carried out by police and law officers. In June 2013, Capita's television licensing enforcement officers visited Guernsey where according to the BBC, they found "130 people illegally watching TV without a licence".[182] The Guernsey Police Annual Report 2014 states that no offences of "Television Receiver Without a Licence - Install/Use" were recorded in 2014 as opposed to 2 such cases in 2013.[183]

Number of offences of "Television Receiver Without a Licence - Install/Use" recorded by the police in Guernsey [184]
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
Number of offences 18 15 10 0 0 9 0 0 2 0

Jersey

The maximum fines for this offence in Jersey is £500.[181] Prosecutions are carried out by the Centenier. According to the BBC: "in the case of Jersey we can say that between 2007 and 2009 41 cases were laid to court".[13] In a response to a freedom of information request, the States of Jersey Police stated: "in 2014 there were 14 prosecutions for having ‘No TV licence’. All received cautions at the Parish Hall. Of the 14, eight were male and six were female. There were no prosecutions in 2015."[185]

Enforcement Overview

Enforcement Overview [12] (note the BBC contracts most of its enforcement work to Capita)
England & Wales Scotland Northern Ireland Isle of Man Guernsey Jersey
Investigating authority BBC BBC but decision to prosecute taken by Procurator Fiscal BBC BBC BBC passes cases to an Inspector in the Guernsey prosecution unit. Evidence reviewed by law officers BBC initially, information passed to police who

conduct their own investigation

Prosecuting authority BBC Procurator Fiscal BBC The Manx Advocate Police and law officers Centenier
Legislation Communications Act 2003, Police and Criminal Evidence Act 1984 Communications Act 2003, Criminal Procedure (Scotland) Act 1995 Communications Act 2003, Police and Criminal Evidence Order 1989 Communications (Isle of Man) Order 2003, Police Powers and Procedures Act 1998 Communications (Balliwick of Guernsey) Order 2004, Police Powers and Criminal Evidence (Balliwick of Guernsey) 2003 Broadcasting & Communications (Jersey) Order 2004, Police Powers and Criminal Evidence (Jersey) Law 2003
Maximum fine £1000 £1000 £1000 £1000 £2000 £500
Case heard by Magistrates Court Sheriffs Court District judge Magistrates Court Magistrates Court Magistrates Court

Opinions on the licence fee

Opinion polls

In 2004, the BBC reported that "Almost 70% of people in the UK want changes to the way the BBC is funded", following an ICM poll for their current affairs programme Panorama, which showed that 31% were in favour of the existing licence fee system, 36% said the BBC should be paid for by a subscription and 31% wanted advertising to pay for the programmes.[186]

In August 2008, the Guardian newspaper reported that "The BBC is facing an uphill battle to maintain support for the licence fee", stating that according to an Ipsos MORI poll the newspaper had commissioned, 41% agreed that the licence fee is an "appropriate funding mechanism" and 37% disagreed but when asked whether the licence fee is "good value for money", 47% disagreed, with more than half of them disagreeing strongly. The poll also showed that there is no longer a majority believing that the licence fee assured them of distinctive programming not available elsewhere ― which, the newspaper said, had long been one of the arguments for its existence: 41% of the population disagreed with only 30% agreeing. The poll also showed that opinion was split by a growing north-south and socio-economic divide.[187]

In September 2009, The Guardian reported an ICM poll showing an increase in support for the licence fee to 43%; "The fee is backed by 43%, against 24% who think advertising should foot the bill and 30% who think people should pay to subscribe if they want to see BBC programmes. In 2004, only 31% backed the licence fee, 12 points lower than today.".[188]

In 2013, according to an ICM poll for The Sunday Telegraph, 70% stated that the BBC licence fee should be abolished or cut. 49% of those polled believed the fee should be scrapped altogether.[189]

Views of official bodies and policy institutes

Previous inquiries, such as the parliamentary Peacock Committee in 1986 and the internal Davies committee in 2000, recommended continuing the licence fee, with conditions. In 2001, an Ofcom report found that the vast majority of those it interviewed, including owners of digital television equipment, supported the principle of a licence fee to fund public service television and radio. The advantages of such funding listed by those interviewed included diversity, high quality, education, innovation, entertainment, information, original productions, pluralism, accessibility, inclusion of minorities and free access.[190] Another reason given in a response to Ofcom by the National Union of Journalists was that the licence fee allows the BBC to "retain independence" from both commercial and political pressures.[191] Nonetheless, having surveyed public opinion during December 2003, a finding of the Department for Culture, Media and Sport was that "the way the licence fee is set and collected raised issues about fairness".[192] Further criticisms, embodied in a 2005 Green Paper,[70] included cost, value for money, whether or not the BBC should be publicly funded, the high cost of collection and enforcement and the methods used.

Meanwhile, in 2004, the Institute for Public Policy Research criticised the TV licence fee for its regressive impact, pointing out that it represents a much higher proportion of income for poor households, that evaders are most likely to be single parents, lone tenants, pensioners and the economically inactive and that the difficulties they have in paying the licence fee are compounded by the penalties enforced for non-payment.[19]

Other technologies for receiving visual media, such as mobile phones and computers connected to the Internet, has led to questions over whether or not a licence fee based on television receiver ownership can continue to be justified when a television receiver is no longer the sole medium over which the BBC distributes its content;[193] and these technological changes led the Department for Culture, Media and Sport to state in 2005 that the collection of a fixed charge based on television ownership may become difficult to sustain.[70]

In 2006, the House of Lords Select Committee on BBC Charter Review criticised the reclassification of the licence fee as a tax, pointing out that the BBC was in consequence reclassified as a central government body, with "significant implications for the BBC's independence".[6]

In a debate in the UK Parliament in October 2013, the licence fee was referred to as 'a flat-rate poll tax' and as 'probably the UK's most regressive tax'[194]

Some critics claim that the licensing system interferes with the freedom to receive information and contend that this is a contravention of Article 10 of the European Convention on Human Rights (the right to freedom of expression).[195] In a case dealing with the German radio licence, the ECHR in Application No. 26907/95 stated "Such an undertaking cannot be successfully accomplished unless it is grounded in the principle of pluralism, of which the State is the ultimate guarantor." and "The interference complained of was, therefore, necessary in a democratic society. There is, accordingly, no appearance of a violation of the applicant's right under Article 10 (Art. 10)."[196]

Media views

The television licence fee system has been variously criticised, commented upon and defended by the press.[197][198][199]

In 2014, Nick Ross, a BBC presenter, stated that the licence fee was unfair and should be abolished.[200]

Websites and blogs

There are a number of websites that campaign against the TV licence[201] The BBC monitors the internet for references to TV Licensing.[202] According to the BBC "searches are carried out for the purpose of identifying external information relating to TV Licensing such that, where appropriate, we can respond and assist licence fee payers or correct inaccurate information as well as flag up customer complaints." Part of this monitoring 'flags up' critical comments about TV Licensing. An internal briefing note released by the BBC in response to a freedom of information request names the TV Licensing Blog as TV Licensing's "most prevalent activist" [201] who has "built a significant following both for his blog and for his @TVLicensingblog Twitter feed (over 900 followers)". The BBC also monitors YouTube videos of Enforcement Officers and YouTube videos critical of TV Licensing [202] as well as social media such as Facebook [203] and Twitter.

Opinions on collection and enforcement methods

In September 2008, the BBC's governing body, the BBC Trust, launched a review of TV Licensing's methods,[54] following complaints about "heavy-handed" and "intimidating" tactics[89] and during December 2008, it was reported by the press that the chairman of the all-party Commons Culture, Media and Sport committee had accused TV Licensing of behaving "like the Gestapo", employing "tactics that are outrageous", saying: "The tactics used by TV Licensing in their letters are intimidatory and cause genuine distress. Their records are not always correct, but they write letters that assume members of the public are criminals".[204]

In 2008, the former BBC television star, Noel Edmonds, stated that he had stopped paying his TV licence in a protest at the tone of BBC adverts aimed at TV licence evaders.[205]

Isle of Man

The licensing system remains controversial in the Isle of Man due to the fact that the licence fee remains the same as in the UK and Channel Islands, even though the BBC provides neither a local television news service for the Isle of Man (similar to BBC Channel Islands) nor any BBC local radio or national radio opt-out station. The BBC has sought to redress the lack of coverage by improving its online news service for the Isle of Man, with permanent BBC staff based at the Manx Radio studios in Douglas. A Select Committee of Tynwald was established in 2009 to investigate the value for money of the licensing system for the Isle of Man, and the feasibility of the Isle of Man withdrawing from it.

The future of the licence fee

The current Royal Charter for the BBC expires on 31 December 2016[206] and the TV licence fee itself is fixed at £145.50 until March 2017.[207] Assuming the TV licence is retained, then the next round of negotiations for the renewal of the Royal Charter will decide the level of the fee to be charged after this time.[208] It is thought likely that negotiations will start in 2015 for renewal of the Royal Charter that will guarantee licence fee funding until 2026.[209]

A briefing paper for the UK Parliament sets out the options for future funding of the BBC.[210] The options listed are: continuance of the current system of TV licensing; funding the BBC from general taxation; use of advertising revenue; and a switch to a subscription system.

Changing the law to make TV Licence evasion a civil offence rather than a criminal one is currently (2014) being discussed by UK government ministers and UK members of parliament.[211]

On 6 July 2015, reports came out that funding the licence fees for those who are at least 75 years or older would eventually be the responsibility of the BBC. The government will gradually reduce their share of funding the licence fee for the said age group starting 2018 and completely turn it over to the BBC in 2022. The BBC won concessions to increase the licence fee's price to match inflation .[212]

Notes

The Communications (Television Licensing) Regulations 2004[56] gives the following definition:

References

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