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Old 3rd Jun 2010, 15:06
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HEATHROW DIRECTOR
 
Join Date: Oct 2000
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<<Ham Radio (Amateur Radio) licence holders will often quote the 1948
Wireless Telegraphy Act and state that the practice 'Is Illegal' !
However if seeking an answer from your local police station (as I once did)
will leave you further confused as they dont seem to know for sure either.

I have heard it summed up that 'Provided one does not act upon or use
any information gained by listening in' then it is not illegal.>>

Pasir. If you are uncertain why don't you check the official line, which appears in a "sticky" in the ATC forum? Here's what it says:

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.

And OFCOM also gave PPRuNe the following direct interpretation of the law (similar to the above).


Quote:
In short you can use a scanner to listen to anything broadcast for general reception, radio amateurs, CB, weather and navigation broadcasts. Unless you are a police officer or work in the emergency services you are not allowed to listen to their communications.

You can only listen to other services if you have the permission of the sender. The air show is a good example where the control tower frequencies are publicised and that would be considered permission. Unquote


In practical terms, you are unlikely to be prosecuted for simply listening in, if discrete and sensible. However, if you pass on information from what you hear, through Bulletin Boards, the press, or by setting up a live feed, then it's entirely feasible to feel Ofcom's hand on your collar and an appointment before the beak.

___________________________________

That page has been somewhat superceded - check the OFCOM site for the latest info, which includes the following:

Question: Am I breaking the law by owning a scanner?
Answer: No, but you should not use one to listen to frequencies other than general reception transmissions.

Question: Can I get a licence to use a scanner?
Answer: No, there is no scanner licence. You do not need one for a scanner.

Question: Could I get authority to listen to emergency service transmissions, for example? I am interested and might be able to help.
Answer: 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.

Question: Isn't it all right to listen as long as I don't pass on what I hear?
Answer: No, using radio equipment to listen in is an offence, regardless of whether the information is passed on.

Question: Isn't this all a bit heavy?
Answer: 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.


I believe that settles ALL arguments. The last two answers are particularly appropriate.

Last edited by HEATHROW DIRECTOR; 3rd Jun 2010 at 15:17.
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