Myths about viewing habits
Some people believe it is okay to watch live, non-BBC television channels without a TV Licence. This is not true. A TV licence is required to watch any live broadcast TV or BBC iPlayer.
Some claim that because live broadcasts are often delayed by a few seconds or minutes, this prevents them being classed as live. This is not true and such broadcasts are still classed in law a being live.
Some people think that “Plus” channels such as ITV+1 are not classed as live TV. This is incorrect and they are classed as live TV.
It is sometimes claimed that you require a TV licence to listen to BBC radio stations. This is not true. No licence is required to listen to any commercial or BBC radio stations in the UK.
Myths about British law
Perhaps some of the most bizarre beliefs about TV Licensing concern the subject of British law. Here are two of the most common of these myths:-
“An act is not a law.”
This phrase is often used to claim that an act of parliament, such as the Communications Act of 2003, cannot be used to prosecute a person for viewing live TV or BBC iPlayer without a TV licence.
This is utter nonsense. Acts of parliament pass into British law when they are voted upon and enacted by members of parliament. The Communications Act 2003 that covers TV licences is every bit as much British law and as valid as the Theft Act 1968.
“No contact, no contract.”
This phrase implies that if a person completely ignores TV Licensing then there can be no contract for the supply of services between either party.
This is completely untrue as the Communications Act 2003 is statute law, rather than civil or contract law. Action can be taken against an individual for TV licence fee evasion under statute law, regardless of any contract.
In summary
The misconceptions detailed above have no validity in British law. Any legal defence built upon such myths will fail spectacularly in a magistrates court and almost certainly result in a conviction for the defendant.
Myths about TV Licence Inspectors
TV Licence Inspectors have no powers
TV Licence Inspectors are not police officers and they have no automatic power to enter homes without a warrant. However, they are charged with a duty to investigate TV licence fee evasion and they do have the ability to obtain a search warrant from a magistrates court if they can offer substantial evidence that an offence is being committed.
TV Licence Inspectors cannot caution a suspect
TV Licence Inspectors are able to caution a suspect if they believe they have evidence that a criminal offence may have been committed. The Police and Criminal Evidence Act 1984 states that investigating officials must abide by the PACE code of conduct, which covers interviews under caution. This includes people such as Council Officials and TV Licence Inspectors.
Further reading
Please Support Us !
We rely on your support to keep this service running.
Mike Best
Hampshire
