Ten Common TV Licensing Myths Debunked

If there's one thing that drives us absolutely mad here at the TV Licensing Blog it's the fact that we spend half our time correcting the same few misconceptions.

Here are some of the myths we have to debunk on a regular basis:

• Myth 1: TV Licensing is an official government "agency".

Fact: The BBC is the statutory Television Licensing Authority (see s. 180 of The Broadcasting Act 1990) responsible for all matters relating to TV licence administration and enforcement. The BBC contracts several private companies to undertake the majority of its TV licence functions (see TV Licensing website). These companies collectively operate under the name of TV Licensing. TV Licensing is a BBC trademark. The BBC retains overall legal responsibility for the administration and enforcement of the licence fee.

• Myth 2: You need a TV licence if you own a TV.

Fact: The legislation (see s. 363(1) of The Communications Act 2003) is that a television receiver must not be installed or used unless the property is covered by a valid TV licence. Mere ownership of a television receiver (or any other equipment) is not covered by the legislation. It is the act of installing and using a television receiver that is licensable.

• Myth 3: I don't watch BBC programmes, so I don't need a TV licence.

Fact: This is incorrect for the reasons mentioned in response to myth 2. A TV licence is required for the reception of any television programme service, regardless of the channel or where in the world the broadcast originates from.

• Myth 4: TV licence evasion is a civil offence.

Fact: This statement is very popular with FMOTL types (and the generally ill-informed) but totally incorrect. The legislation (see s. 363(2) of The Communications Act 2003) states that anyone who installs or uses a television receiver without a valid TV licence is guilty of "an offence". It does not say "a civil offence", as civil legislation conventionally does. The fact that the offence is tried summarily before a Magistrates' Court should also give an indication of its criminal status, but that distinction also seems lost on some people. The final proof, if any more were needed, is that a Bill (see BBC Licence Fee (Civil Debt) Bill 2013-14) is currently before Parliament seeking to decriminalise TV licence evasion. How could this be if it wasn't a criminal offence in the first place?

• Myth 5: TV Licensing employees have the right to enter private property.

Fact: Under normal circumstances TV Licensing employees have no automatic right to enter private property. TV Licensing rules state that their employees must always leave immediately when asked to do so by the occupier.

The only exception is the very rare situation when TV Licensing employees present a search warrant, in which case the occupier must allow them immediate unhindered entry.

• Myth 6: TV detection equipment doesn't exist.

Fact: It's a controversial one this, not least because a fair few of our like-minded friends agree with the above statement. We consider that TV detection equipment does exist, but its use is not nearly as widespread as the BBC and TV Licensing would have people believe. TV Licensing has an army of PR harlots who exaggerate the effectiveness of detection for deterrent purposes.

The use of detection is strictly governed by the Regulation of Investigatory Powers Act 2000 and the Regulation of Investigatory Powers (BBC) Order 2001. Contrary to what TV Licensing would have people believe, they can't just hop in their magic detector van whenever they feel like it. Each use of detection has to be personally reviewed and authorised by a senior BBC manager. Under the Freedom of Information Act the BBC has previously told us that there are only two people who can grant authorisations, although we believe this has recently increased to three.

The BBC confirms that TV detection evidence has never been presented for scrutiny in open court. They are no doubt fearful about the effectiveness of their detection equipment being challenged in public.

• Myth 7: TV Licensing can't touch you if you issue WOIRA.

This dangerous falsehood has been mentioned a lot over recent months. In theory if you tell TV Licensing they aren't welcome at your property - known as withdrawal of implied rights of access (WOIRA) - they should keep away.

In practice it doesn't always work that way, with TV Licensing often ignoring perfectly valid WOIRA instructions and then pleading ignorance when challenged about it. TV Licensing normally acknowledge WOIRA instructions by sending the occupier a letter, but such an acknowledgement does not guarantee an end to their visits or harassment. Issuing a WOIRA instruction to TV Licensing also makes it more likely the occupier will be hit with a search warrant, as one of the conditions for obtaining a warrant is that TV Licensing cannot gain access to the property with the occupier's consent. That said, search warrants are still exceptionally rare and anyone without need for a TV licence should not be overly concerned by them.

Even if TV Licensing comply with a WOIRA instruction they could still obtain evidence from outside the boundary of the property, either by detection or by peering through windows etc. If the quality of evidence is good enough (or even if it isn't) TV Licensing might be able to persuade a Magistrate to grant a search warrant.

By issuing WOIRA the occupier is providing TV Licensing with confirmation of residency, so our advice would by to adopt the non-contact approach instead.

• Myth 8: If you have internet access you need a TV licence.

Fact: See our response to myth 2. It's an unfortunate fact that technology is evolving much faster than legislation, so it is now possible for anyone with web-enabled computer to receive TV programmes within a few mouse clicks.

As previously mentioned, a computer can only be classed as a television receiver if it is actually installed or used for that purpose. People do not, as a general rule, install a computer with the intention of receiving TV programmes across the web. The fact they can receive TV programmes across the web is entirely coincidental. A licence is only required if a person actually does receive TV programme services across the web (e.g. intentionally navigates to live streaming of any TV channel).

• Myth 9: You can only be convicted of TV licence evasion if you admit to the offence.

Fact: This is total nonsense. If it was true then nobody would ever be convicted of TV licence evasion, because they'd simply keep quiet and admit to nothing. Contrary to the drivel spouted in certain quarters of the web, there are certain unfortunate situations where the evidence of unlicensed TV reception is so overwhelming that it doesn't matter whether the occupier admits the offence or not. In these situations the occupier can still be convicted even if they refuse to sign the TVL178 Record of Interview form.

An example would be if the goon turned up on a search warrant visit at exactly 1 pm and saw the opening titles to the One O'Clock news on a TV screen inside the property. A bit of common sense should tell people that if it was as easy as not signing the TVL178 then nobody in the country would ever be convicted of TV licence evasion. Sadly, to our increasing frustration, there's a lot of people that lack common sense and believe anything they read on social media sites.

• Myth 10: Paying the licence fee is against people's human rights and funds BBC corruption.

Fact: That may well be true, but unfortunately TV licence evasion is an absolute offence. This means the offence is not open to interpretation - the occupier either received TV programmes without a licence or they didn't. The courts do not accept the argument that paying the licence fee deprives people of their fundamental human right to free information. Similarly, the courts do not accept the argument that paying the licence fee is illegal/immoral because it funds BBC corruption, maladministration and historical instances of paedophilia.

Definitions:

• Television receiver: Any apparatus installed or used for the purposes of receiving a television programme service, whether or not it is also installed for any other purpose (see s. 9(1) of The Communications (Television Licensing) Regulations 2004).
• Television programme service: Any television programme available to other people at the same time (or virtually the same time) as it is broadcast (see s. 9(2) of The Communications (Television Licensing) Regulations 2004).

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