Surfing the web for TV Licensing commentary, as I often do, and I came across this fascinating discussion thread on the Overclockers UK Forum.
The most recent posts discuss the rules surrounding the use of YouTube without a valid TV licence. There seems to be a bit of confusion about whether at TV licence is needed just because you use YouTube. It isn't is the short answer, but please continue reading so I can elaborate slightly.
As regular readers will know, legally speaking a TV licence is required for any property where equipment is installed or used for the purposes of receiving (e.g. watching or recording) TV programmes, on any channel, at the same time, or virtually the same time, as they are broadcast to other members of the public.
Additionally, from 1st September 2016, a TV licence is required for any property where equipment is used to watch or download BBC on-demand programmes via the iPlayer.
There are several "live" TV channels, such as Sky News, that broadcast their programmes on YouTube at the same time as they are broadcast to viewers of satellite, cable or terrestrial television. A TV licence is legally required to watch any of these "live" TV channels on YouTube.
However, a TV licence is not legally required to watch any of the non-live, on-demand videos that make up the bulk of YouTube's content.
It is important to note that a TV licence covers the act of receiving TV programmes at the time they are broadcast. A TV licence is only required if you actually do receive TV programmes at the time they are broadcast - not just that you had the theoretical ability to do so.
For that reason, a TV licence is not legally required just because you happen to have internet access, or you happen to enjoy YouTube videos, or you happen to own a TV set.
Please see the Quick Guide page if you'd like a bit more information on the legalities of when a TV licence is required. You will find a much more detailed account and interpretation of the legislation in our free ebook, TV Licensing Laid Bare.
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5 comments:
The YouTube channel BlackBeltBarrister recently covered this too and linked to a handy reference of those channels which do require a TV license if they are being watched or recorded live (on YouTube or on anything else).
https://www.youtube.com/watch?v=iyTQ-urC7ek
https://www.ofcom.org.uk/manage-your-licence/tv-broadcast-licences/current-licensees
I saw it Chris and I have to say that I wasn't all that impressed with his implication that TV licence legislation only applies to those online TV channels streamed "live" from the UK. Of course it applies to online TV channels streamed "live" from anywhere in the world.
I agree re the streaming "live" from anywhere in the world, but is that not what the last section on the Ofcom link is covering, for the purposes of the legislation?
That last section doesn't include things like Fox News and NBC News etc. A TV licence is still needed to receive those.
You're right, I thought I saw NBC's Group company in there and assumed from there. Looks like no definitive list exists and the best we can do is still the subjective approach mentioned by the cordbusters site (relevant quote below).
I welcome the day the law changes and drags the BBC kicking and screaming into the modern age. Until then I'll continue to ignore them and they will just have to trust that I'm capable of not breaking the law without them poking their noses into my life. Thankyou for your work in running this blog.
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From another site https://www.cordbusters.co.uk/do-i-need-a-tv-licence-twitch-youtube-live/
...So I queried the BBC further, and was told that “For a service to require a licence to watch” [even if you’re watching it streamed online], “it must be a ‘television programme service'”.
The TV Licensing body would have to make that distinction, however. Some of the factors that would be taken into account when considering this are:
* Whether a service has a regular schedule of programmes
* How continuous a service is
* Editorial control and consistency
* The quality of production and editorial values
Therefore, since most Twitch (and similar) live streams don’t come from a body that resembles a “television programme service” – you would not need a TV licence for them.
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