Television licensing in the United Kingdom
Encyclopedia
In the United Kingdom
and the Crown Dependencies, any household watching or recording live television transmissions is required to purchase a television licence
every year. As of 2010, this costs £145.50 for colour and £49.00 for black and white. The licence is required to receive any live television transmission, whether it is received via terrestrial, satellite, cable, or the Internet. A licence is not and never has been required simply to possess a TV set, for the purpose of watching pre-recorded content, or use as a monitor for video games or computers. Although income from the licence is primarily used to fund the television, radio and online services of the BBC
, a licence is needed to view all broadcast channels, including commercial services. Total levies from the licence fee were £3.45 billion in 2009–10 of which £556 million or 16% was provided by the Government through concessions for those over the age of 75.
by the use of Statutory Instruments.
The BBC
is authorised by the Communications Act 2003
to collect the licence 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 on to the BBC for the running of the BBC's own services (free from commercial advertisements), and for the BBC to produce programming for S4C.
The licence fee is classified as a tax, and evasion is a criminal offence. Since 1991, collection and enforcement of the licence fee is the responsibility of the BBC in its role as TV Licensing Authority. The BBC pursues its licence fee collection and enforcement under the trading name "TV Licensing", but subcontracts much of the task to commercial organisations. A major subcontractor is Capita which specialises in outsourcing
for government projects.
The licence fee can be paid annually, monthly or quarterly by Direct Debit
, or monthly or weekly with a cash payment plan, which was introduced for those with limited means or no bank account, and replaced a previous scheme using trading stamps. The payment plan was designed not to discriminate against those who don't receive government benefits.
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: "Since the majority of the licence is paid for in arrears, your quarterly payments will include a premium of £1.25".
In the United Kingdom, Guernsey and Isle of Man
, free TV licences are available for households with a member aged over 75. This is funded in the UK by the Department for Work and Pensions
, and in the Crown Dependencies by their respective governments. The States of Jersey
did not initially opt to extend this concession to their island; but free licences were later introduced for over 75s if they received an income under £13,000 for single people, or £21,000 for couples. In the Isle of Man, pensioners under 75 who receive income support
can also get free licences. The funding is provided by the Isle of Man Department of Social Care
.
Licences are half price for the legally blind.
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.
A similar licence, mandated by the Wireless Telegraphy Act 1904, used to exist for radios powered by mains electricity (sets using a battery or accumulator
did not need a licence), but this was abolished in 1971. These licences were originally issued by the General Post Office (GPO), which was then the regulator of public communications within the UK. For a more detailed historical explanation see British Broadcasting Company
.
gives the following information for expenditure of licence fee income during the year 2009-10 of £3.56 billion (expressed here in percentage terms):
To date, the BBC World Service
on radio and BBC Arabic Television
have been funded by a grant from the government's Foreign and Commonwealth Office
, not the licence fee, whilst S4C
receives a fixed annual grant from the Department of Culture, Media and Sport; however, it was announced in October 2010, that these grants will be funded from licence fee by 2015.
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 2006, the BBC stated that 5.2% of the licence fee was spent on collection and enforcement (exclusive of transmission costs).
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. 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.
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". Further criticisms, embodied in a 2005 Green Paper
, 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.
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.
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".
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.
In September 2008, the BBC's governing body, the BBC Trust, launched a review of TV Licensing's methods, following complaints about "heavy-handed" and "intimidating" tactics 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".
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.".
The recent rise of multi-channel digital television
has led to criticism that the licence fee is unjustifiable on the basis that minority interest programmes can now be transmitted on specialist commercial channels and that the licence fee is funding a number of digital-only channels which many licence holders cannot watch (for example BBC Three
and BBC Four
).
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; 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.
The television licence fee system has been variously criticised, commented upon and defended by the press, and in July 2008, it was reported that "About one in twenty households refuses to pay the levy".
Supporters of the licence fee claim that it helps maintain a higher quality of programmes on the BBC compared to its commercial rivals (although that would be a minority view according to a 2004 ICM poll), and allows the production of programmes that would otherwise not be commercially viable (although that would be a minority opinion according to a 2008 Ipsos MORI poll). Some claim that it also leads to better programmes on the commercial channels as they seek to draw viewers and listeners away from the BBC's output and Ofcom and the Department for Culture, Media and Sport have pointed out that if the BBC were to be funded by advertising then the increased opportunities for advertisers would result in reduced revenues for all media content suppliers.
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). 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)."
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.
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". 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.
The BBC have stated that a licence is not needed simply because a television receiver is owned.
A previously recorded TV programme 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" (viewing such recordings however, if unauthorised, may infringe copyright
).
According to Ofcom
, TV transmissions over the Internet are a grey area which in future might make fees based on television ownership redundant. In 2005, a Green Paper by the Department for Culture, Media and Sport included suggestions of "either a compulsory levy on all households or even on ownership of PCs as well as TVs". 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.
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, but this was changed by the Communications Act 2003, so that the reception of television from any source requires a TV licence.
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.
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. 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.
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. 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; this also applies to TV-enabled mobile telephones.
, implying that secret technology capable of detecting signals from operating TV sets is employed, and TV Licensing has claimed to have developed a hand-held detector. 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. 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
and the Regulation of Investigatory Powers (British Broadcasting Corporation) Order 2001. TV Licensing now states "We will only use detection equipment to identify evaders when other, more cost effective, routes have been exhausted", and the BBC has stated that "Detection technology is generally used to obtain search warrants". No data from technology claimed to detect television signals has ever been used as court evidence, and the existence of such devices is thought by some to be unlikely.
The critical method of detecting evaders is through the use of a database system known as LASSY, which contains 29.5 million addresses in the UK. This database is routinely updated with licence details and with details submitted by dealers in television receiving equipment, all of whom are required by law to provide TV Licensing with identifying information about everyone who buys or rents such equipment. TV Licensing maintains permanent contact with every address in the database that is recorded as not having a TV licence.
The initial contact with occupants of addresses for which there is no current licence is by letter. During the year 2005–6, approximately 23.5 million "standard warning" letters were sent. The methods by which an occupant can reply are in writing, by telephone or by filling in an online form https://tvlicensing.metafaq.com/templates/tvlicensing/emailforms/noSet. 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.
If a colour TV licence is not purchased for an address, TV Licensing agents—known as "enquiry officers" or "enforcement officers"—make unannounced visits to the address. Visits are made even when the occupant has declared that no licence is necessary, or when a licence has been purchased for only black-and-white television. The number of visits rose from 2.9 million during the year 2005–6 to 3.5 million during the year 2006–7. The BBC Trust states that during the year 2007–2008, when people who had said that they did not require a TV licence were visited, 27% were found to need one.
TV Licensing enforces the BBC's statutory obligation to ensure that every address where a television licence is required is correctly licensed, but its agents have no special rights and, like any other member of the public, rely on an implied right of access to reach the front door. The occupants may deny an agent entry to the premises without cause and are under no obligation to answer any questions or enter into any conversation. 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 without trespassing, then TV Licensing may apply to a magistrate
for a search warrant
, but the use of such warrants is rare. The BBC states that a search warrant would never be applied for solely on the basis of non-cooperation with TV Licensing and that in the event of being denied access to unlicensed property will use detection equipment rather than a search warrant.
The law allows a fine of up to £1,000 be imposed on those successfully prosecuted. This figure is frequently publicised by TV Licensing to maximise deterrence. In reality, magistrates rarely impose the maximum fines allowed to them by law. During the year 2005–6, the average fine including costs was approximately £153 (slightly more than the cost of a licence).
TV Licensing is managed as a sales operation and its officers are motivated by commission payments. 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.
For the year 2005–6, TV Licensing claimed that they "reduced estimated evasion to a record low of 4.7%". However, this figure rose during the following year to 5.1% and remained at 5.1% during 2007–8.
The Broadcasters' Audience Research Board estimated that of June 2004, 2.3% of UK households do not have television, and in September 2008, the BBC reported that some one million people do not need a TV licence. Excuses given by householders for not having a licence include loss of mail, being "too busy" and suffering from polymorphous light eruption
(sun allergy).
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and the Crown Dependencies, any household watching or recording live television transmissions is required to purchase a television licence
Television licence
A television licence is an official licence required in many countries for the reception of television broadcasts...
every year. As of 2010, this costs £145.50 for colour and £49.00 for black and white. The licence is required to receive any live television transmission, whether it is received via terrestrial, satellite, cable, or the Internet. A licence is not and never has been required simply to possess a TV set, for the purpose of watching pre-recorded content, or use as a monitor for video games or computers. Although income from the licence is primarily used to fund the television, radio and online services of the BBC
BBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
, a licence is needed to view all broadcast channels, including commercial services. Total levies from the licence fee were £3.45 billion in 2009–10 of which £556 million or 16% was provided by the Government through concessions for those over the age of 75.
Operation of the licensing system
The licence fee is set annually by the Secretary of State for Culture, Media and SportDepartment for Culture, Media and Sport
The Department for Culture, Media and Sport is a department of the United Kingdom government, with responsibility for culture and sport in England, and some aspects of the media throughout the whole UK, such as broadcasting and internet....
by the use of Statutory Instruments.
The BBC
BBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
is authorised by the Communications Act 2003
Communications Act 2003
The Communications Act 2003 is an Act of the Parliament of the United Kingdom. It gave regulation body Ofcom its full powers. Among other measures, it introduced legal recognition of Community Radio and paved the way for full-time Community Radio services in the UK; as well as controversially...
to collect the licence fees. The money received is first paid into the Government's Consolidated Fund
Consolidated Fund
Consolidated Fund or the Consolidated Revenue Fund is the term used for the main bank account of the government in many of the countries in the Commonwealth of Nations.-Establishment:...
. It is subsequently included in the 'vote' for the Department of Culture, Media and Sport in that year's Appropriation Act
Appropriation Act
An Appropriation Act is an Act of Parliament passed by the United Kingdom Parliament which, like a Consolidated Fund Act, allows the Treasury to issue funds out of the Consolidated Fund...
, and passed on to the BBC for the running of the BBC's own services (free from commercial advertisements), and for the BBC to produce programming for S4C.
The licence fee is classified as a tax, and evasion is a criminal offence. Since 1991, collection and enforcement of the licence fee is the responsibility of the BBC in its role as TV Licensing Authority. The BBC pursues its licence fee collection and enforcement under the trading name "TV Licensing", but subcontracts much of the task to commercial organisations. A major subcontractor is Capita which specialises in outsourcing
Outsourcing
Outsourcing is the process of contracting a business function to someone else.-Overview:The term outsourcing is used inconsistently but usually involves the contracting out of a business function - commonly one previously performed in-house - to an external provider...
for government projects.
The licence fee can be paid annually, monthly or quarterly by Direct Debit
Direct debit
A direct debit or direct withdrawal is an instruction that a bank account holder gives to his or her bank to collect an amount directly from another account. It is similar to a direct deposit but initiated by the beneficiary...
, or monthly or weekly with a cash payment plan, which was introduced for those with limited means or no bank account, and replaced a previous scheme using trading stamps. The payment plan was designed not to discriminate against those who don't receive government benefits.
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: "Since the majority of the licence is paid for in arrears, your quarterly payments will include a premium of £1.25".
In the United Kingdom, Guernsey and Isle of Man
Isle of Man
The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
, free TV licences are available for households with a member aged over 75. This is funded in the UK by the Department for Work and Pensions
Department for Work and Pensions
The Department for Work and Pensions is the largest government department in the United Kingdom, created on June 8, 2001 from the merger of the employment part of the Department for Education and Employment and the Department of Social Security and headed by the Secretary of State for Work and...
, and in the Crown Dependencies by their respective governments. The States of Jersey
States of Jersey
The States of Jersey is the parliament and government of Jersey.The Assembly of the States of Jersey has exercised legislative powers since 1771, when law-making power was transferred from the Royal Court of Jersey....
did not initially opt to extend this concession to their island; but free licences were later introduced for over 75s if they received an income under £13,000 for single people, or £21,000 for couples. In the Isle of Man, pensioners under 75 who receive income support
Income Support
Income support is an income-related means-tested benefit in the United Kingdom for people who are on a low income. Claimants of Income Support may be entitled to certain other benefits, for example, Housing Benefit, Council Tax Benefit and help with health costs...
can also get free licences. The funding is provided by the Isle of Man Department of Social Care
Department of Social Care (Isle of Man)
The Department of Social Care is one of nine departments of the Isle of Man Government. It was created on 1 April 2010, taking on the social services and social security functions of the former Department of Health and Social Security as well as the social housing function of the former Department...
.
Licences are half price for the legally blind.
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.
History
When first introduced on 1 June 1946, the licence covering the monochrome-only single-channel BBC television service cost £2 (£ as of ). On 1 January 1968, a 'colour supplement' of £5 (£ as of ), was added to the existing £5 monochrome licence fee; the combined colour licence fee was therefore £10, the equivalent of £120 in 2006. The current (2010) cost is £145.50 for colour TV and £49 for monochrome TV, per household.A similar licence, mandated by the Wireless Telegraphy Act 1904, used to exist for radios powered by mains electricity (sets using a battery or accumulator
Accumulator (energy)
An accumulator is an apparatus by means of which energy can be stored, such as a rechargeable battery or a hydraulic accumulator. Such devices may be electrical, fluidic or mechanical and are sometimes used to convert a small continuous power source into a short surge of energy or vice versa...
did not need a licence), but this was abolished in 1971. These licences were originally issued by the General Post Office (GPO), which was then the regulator of public communications within the UK. For a more detailed historical explanation see British Broadcasting Company
British Broadcasting Company
The British Broadcasting Company Ltd was a British commercial company formed on 18 October 1922 by British and American electrical companies doing business in the United Kingdom and licensed by the British General Post Office...
.
Licence fee expenditure
The BBC TrustBBC Trust
The BBC Trust is the governing body of the British Broadcasting Corporation. It is operationally independent of BBC management and external bodies, and aims to act in the best interests of licence fee payers....
gives the following information for expenditure of licence fee income during the year 2009-10 of £3.56 billion (expressed here in percentage terms):
- 66% – All TV
- 17% – National and local radio
- 6% – Online e.g. BBC websites, iPlayer
- 11% – Other e.g. transmission and licence fee collection costs*
To date, the BBC World Service
BBC World Service
The BBC World Service is the world's largest international broadcaster, broadcasting in 27 languages to many parts of the world via analogue and digital shortwave, internet streaming and podcasting, satellite, FM and MW relays...
on radio and BBC Arabic Television
BBC Arabic Television
BBC Arabic Television is a news and information television channel broadcast to the Middle East by the BBC. It was launched at 0956 GMT on 11 March 2008. The service was announced in October 2005 and was to start broadcasting in Autumn 2007, but was delayed...
have been funded by a grant from the government's Foreign and Commonwealth Office
Foreign and Commonwealth Office
The Foreign and Commonwealth Office, commonly called the Foreign Office or the FCO is a British government department responsible for promoting the interests of the United Kingdom overseas, created in 1968 by merging the Foreign Office and the Commonwealth Office.The head of the FCO is the...
, not the licence fee, whilst S4C
S4C
S4C , currently branded as S4/C, is a Welsh television channel broadcast from the capital, Cardiff. The first television channel to be aimed specifically at a Welsh-speaking audience, it is the fifth oldest British television channel .The channel - initially broadcast on...
receives a fixed annual grant from the Department of Culture, Media and Sport; however, it was announced in October 2010, that these grants will be funded from licence fee by 2015.
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 2006, the BBC stated that 5.2% of the licence fee was spent on collection and enforcement (exclusive of transmission costs).
Public opinion – general
Previous inquiries, such as the parliamentary Peacock committeePeacock Committee
The Peacock Committee, was a review into financing of the BBC. It was initiated by the Conservative government of Margaret Thatcher on March 27, 1985 and reporting on May 29, 1986. The committee was led by Professor Alan Peacock. The other 6 members were Samuel Brittan, Judith Chalmers, Jeremy...
in 1986 and the internal Davies committee
Gavyn Davies
Gavyn Davies, OBE was the chairman of the BBC from 2001 until 2004, a former Goldman Sachs banker and a former economic advisor to the British Government...
in 2000, recommended continuing the licence fee, with conditions. In 2001, an Ofcom
Ofcom
Ofcom is the government-approved regulatory authority for the broadcasting and telecommunications industries in the United Kingdom. Ofcom was initially established by the Office of Communications Act 2002. It received its full authority from the Communications Act 2003...
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. 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.
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". Further criticisms, embodied in a 2005 Green Paper
Green paper
In the Commonwealth, the Republic of Ireland and the United States a green paper is a tentative government report of a proposal without any commitment to action; the first step in changing the law...
, 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
Institute for Public Policy Research
The IPPR is the leading progressive think-tank in the UK. It produces research and policy ideas committed to upholding values of social justice, democratic reform and environmental sustainability. IPPR is based in London and IPPR North has branches in Newcastle and Manchester.It was founded in...
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.
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
ICM (polling)
ICM Research is a public opinion researcher registered in England . It is a subsidiary of Creston plc, a marketing services company.-Business:...
poll for their current affairs programme Panorama
Panorama (TV series)
Panorama is a BBC Television current affairs documentary programme, which was first broadcast in 1953, and is the longest-running public affairs television programme in the world. Panorama has been presented by many well known BBC presenters, including Richard Dimbleby, Robin Day, David Dimbleby...
, 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.
In 2006, the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
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".
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.
In September 2008, the BBC's governing body, the BBC Trust, launched a review of TV Licensing's methods, following complaints about "heavy-handed" and "intimidating" tactics 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
Gestapo
The Gestapo was the official secret police of Nazi Germany. Beginning on 20 April 1934, it was under the administration of the SS leader Heinrich Himmler in his position as Chief of German Police...
", 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".
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.".
The recent rise of multi-channel digital television
Digital television
Digital television is the transmission of audio and video by digital signals, in contrast to the analog signals used by analog TV...
has led to criticism that the licence fee is unjustifiable on the basis that minority interest programmes can now be transmitted on specialist commercial channels and that the licence fee is funding a number of digital-only channels which many licence holders cannot watch (for example BBC Three
BBC Three
BBC Three is a television network from the BBC broadcasting via digital cable, terrestrial, IPTV and satellite platforms. The channel's target audience includes those in the 16-34 year old age group, and has the purpose of providing "innovative" content to younger audiences, focusing on new talent...
and BBC Four
BBC Four
BBC Four is a British television network operated by the British Broadcasting Corporation and available to digital television viewers on Freeview, IPTV, satellite and cable....
).
Other technologies for receiving visual media, such as mobile phones and computers connected to the Internet
Internet
The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...
, 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; 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.
The television licence fee system has been variously criticised, commented upon and defended by the press, and in July 2008, it was reported that "About one in twenty households refuses to pay the levy".
Supporters of the licence fee claim that it helps maintain a higher quality of programmes on the BBC compared to its commercial rivals (although that would be a minority view according to a 2004 ICM poll), and allows the production of programmes that would otherwise not be commercially viable (although that would be a minority opinion according to a 2008 Ipsos MORI poll). Some claim that it also leads to better programmes on the commercial channels as they seek to draw viewers and listeners away from the BBC's output and Ofcom and the Department for Culture, Media and Sport have pointed out that if the BBC were to be funded by advertising then the increased opportunities for advertisers would result in reduced revenues for all media content suppliers.
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
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
(the right to freedom of expression). 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)."
Public opinion – 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 radioBBC Local Radio
BBC Local Radio is the BBC's regional radio service for England and the Channel Islands, consisting of 40 stations. They cover a variety of areas with some serving a city and surrounding areas, for example BBC Radio Manchester; a county, for example BBC Radio Norfolk; an administrative region for...
or national radio opt-out station. The BBC has sought to redress the lack of coverage by improving its online news service
BBC News Online
BBC News Online is the website of BBC News, the division of the BBC responsible for newsgathering and production. The website is the most popular news website in the United Kingdom and forms a major part of BBC Online ....
for the Isle of Man, with permanent BBC staff based at the Manx Radio
Manx Radio
Manx Radio is the national commercial radio station for the Isle of Man.The station began broadcasting on 29 June 1964, almost ten years before commercial radio was licensed in the United Kingdom. The Isle of Man, having its own government and laws, was not subject to the rules prohibiting...
studios in Douglas
Douglas, Isle of Man
right|thumb|250px|Douglas Promenade, which runs nearly the entire length of beachfront in Douglasright|thumb|250px|Sea terminal in DouglasDouglas is the capital and largest town of the Isle of Man, with a population of 26,218 people . It is located at the mouth of the River Douglas, and a sweeping...
. A Select Committee of Tynwald
Tynwald
The Tynwald , or more formally, the High Court of Tynwald is the legislature of the Isle of Man. It is claimed to be the oldest continuous parliamentary body in the world, consisting of the directly elected House of Keys and the indirectly chosen Legislative Council.The Houses sit jointly, for...
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.
When a TV licence is required
According to Act of Parliament, a TV licence must be obtained for any device that is "installed or used" for "receiving a television programme at the same time (or virtually the same time) as it is received by members of the public".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". 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.
When a TV licence is not required
- digital box used with a hi-fi system or another device that can only be used to produce sounds
- television set installed and used solely for some purpose other than watching or recording television programmes (e.g. closed-circuit TV monitor, DVD or video player or games console)
- watching BBC iPlayerBBC iPlayerBBC iPlayer, commonly shortened to iPlayer, is an internet television and radio service, developed by the BBC to extend its former RealPlayer-based and other streamed video clip content to include whole TV shows....
when the programme is not live. - U.S. military personnel who own televisions that can only receive the US-specific signal (NTSC) for use with military base cable television service. Personnel with multi-system sets are required to obtain a licence.
The BBC have stated that a licence is not needed simply because a television receiver is owned.
A previously recorded TV programme 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" (viewing such recordings however, if unauthorised, may infringe copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
).
According to Ofcom
Ofcom
Ofcom is the government-approved regulatory authority for the broadcasting and telecommunications industries in the United Kingdom. Ofcom was initially established by the Office of Communications Act 2002. It received its full authority from the Communications Act 2003...
, TV transmissions over the Internet are a grey area which in future might make fees based on television ownership redundant. In 2005, a Green Paper by the Department for Culture, Media and Sport included suggestions of "either a compulsory levy on all households or even on ownership of PCs as well as TVs". 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.
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
Astra 1A
Astra 1A was the first satellite launched and operated by SES . During its early days, it was often referred to as the Astra Satellite, as SES only operated one satellite originally....
, on which many channels are free-to-air
Free-to-air
Free-to-air describes television and radio services broadcast in clear form, allowing any person with the appropriate receiving equipment to receive the signal and view or listen to the content without requiring a subscription or one-off fee...
) did not need a licence, but this was changed by the Communications Act 2003, so that the reception of television from any source requires a TV licence.
Number of licences required per address
A licence is required to watch live TV transmissions anywhere, including residential and business premises.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.
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. For example, a house in multiple occupation
House in multiple occupation
Houses in Multiple Occupation , also known as Houses of Multiple Occupancy, is a British English term which refers to residential property where ‘common areas’ exist and are shared by more than one household. Common areas may be as significant as bathrooms and kitchenettes, but may also be just...
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.
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. 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; this also applies to TV-enabled mobile telephones.
Licence fee enforcement
TV detector vans have in the past featured heavily in TV Licensing publicityPublicity
Publicity is the deliberate attempt to manage the public's perception of a subject. The subjects of publicity include people , goods and services, organizations of all kinds, and works of art or entertainment.From a marketing perspective, publicity is one component of promotion which is one...
, implying that secret technology capable of detecting signals from operating TV sets is employed, and TV Licensing has claimed to have developed a hand-held detector. The BBC states that such technology used in conjunction with targeted advertising
Advertising
Advertising is a form of communication used to persuade an audience to take some action with respect to products, ideas, or services. Most commonly, the desired result is to drive consumer behavior with respect to a commercial offering, although political and ideological advertising is also common...
acts as a deterrent
Deterrence (psychological)
Deterrence is a theory from behavioral psychology about preventing or controlling actions or behavior through fear of punishment or retribution...
: 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. 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
Regulation of Investigatory Powers Act 2000
The Regulation of Investigatory Powers Act 2000 is an Act of the Parliament of the United Kingdom, regulating the powers of public bodies to carry out surveillance and investigation, and covering the interception of communications...
and the Regulation of Investigatory Powers (British Broadcasting Corporation) Order 2001. TV Licensing now states "We will only use detection equipment to identify evaders when other, more cost effective, routes have been exhausted", and the BBC has stated that "Detection technology is generally used to obtain search warrants". No data from technology claimed to detect television signals has ever been used as court evidence, and the existence of such devices is thought by some to be unlikely.
The critical method of detecting evaders is through the use of a database system known as LASSY, which contains 29.5 million addresses in the UK. This database is routinely updated with licence details and with details submitted by dealers in television receiving equipment, all of whom are required by law to provide TV Licensing with identifying information about everyone who buys or rents such equipment. TV Licensing maintains permanent contact with every address in the database that is recorded as not having a TV licence.
The initial contact with occupants of addresses for which there is no current licence is by letter. During the year 2005–6, approximately 23.5 million "standard warning" letters were sent. The methods by which an occupant can reply are in writing, by telephone or by filling in an online form https://tvlicensing.metafaq.com/templates/tvlicensing/emailforms/noSet. 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.
If a colour TV licence is not purchased for an address, TV Licensing agents—known as "enquiry officers" or "enforcement officers"—make unannounced visits to the address. Visits are made even when the occupant has declared that no licence is necessary, or when a licence has been purchased for only black-and-white television. The number of visits rose from 2.9 million during the year 2005–6 to 3.5 million during the year 2006–7. The BBC Trust states that during the year 2007–2008, when people who had said that they did not require a TV licence were visited, 27% were found to need one.
TV Licensing enforces the BBC's statutory obligation to ensure that every address where a television licence is required is correctly licensed, but its agents have no special rights and, like any other member of the public, rely on an implied right of access to reach the front door. The occupants may deny an agent entry to the premises without cause and are under no obligation to answer any questions or enter into any conversation. 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 without trespassing, then TV Licensing may apply to a magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
for a search warrant
Search warrant
A search warrant is a court order issued by a Magistrate, judge or Supreme Court Official that authorizes law enforcement officers to conduct a search of a person or location for evidence of a crime and to confiscate evidence if it is found....
, but the use of such warrants is rare. The BBC states that a search warrant would never be applied for solely on the basis of non-cooperation with TV Licensing and that in the event of being denied access to unlicensed property will use detection equipment rather than a search warrant.
The law allows a fine of up to £1,000 be imposed on those successfully prosecuted. This figure is frequently publicised by TV Licensing to maximise deterrence. In reality, magistrates rarely impose the maximum fines allowed to them by law. During the year 2005–6, the average fine including costs was approximately £153 (slightly more than the cost of a licence).
TV Licensing is managed as a sales operation and its officers are motivated by commission payments. In 2005, a TV Licensing officer was found guilty of false accounting and perverting the course of justice
Perverting the course of justice
Perverting the course of justice, in English, Canadian , and Irish law, is a criminal offence in which someone prevents justice from being served on himself or on another party...
after he deliberately forged
Forgery
Forgery is the process of making, adapting, or imitating objects, statistics, or documents with the intent to deceive. Copies, studio replicas, and reproductions are not considered forgeries, though they may later become forgeries through knowing and willful misrepresentations. Forging money or...
the confessions of four people to obtain commission payments.
For the year 2005–6, TV Licensing claimed that they "reduced estimated evasion to a record low of 4.7%". However, this figure rose during the following year to 5.1% and remained at 5.1% during 2007–8.
The Broadcasters' Audience Research Board estimated that of June 2004, 2.3% of UK households do not have television, and in September 2008, the BBC reported that some one million people do not need a TV licence. Excuses given by householders for not having a licence include loss of mail, being "too busy" and suffering from polymorphous light eruption
Polymorphous Light Eruption
Polymorphous light eruption , or polymorphic light eruption , is a skin condition caused by sunlight.- Types :Two subtypes have been described:*Juvenile spring eruption*Benign summer light eruption-Presentation:...
(sun allergy).