From: Jonathan H
Sent: Thursday, September 15, 2016 07:52


On the iPlayer site it says (my emphasis)

"To watch or record live TV programmes on any channel, *or* to watch
or download BBC programmes on iPlayer when you're in the UK, the
Channel Islands or the Isle of Man".

Have you or anyone else asked OFCOM what it means?

This article says it does not apply to radio programmes or S4C.
http://www.theweek.co.uk/75983/tv-licence-fee-changes-what-you-need-to-know
Is that right? Where in the legislation does it say that? As far as I can see a licence is now needed to listen to or download BBC radio programmes using iPlayer (and probably podcasts as well) , but I can't be sure because it is so badly drafted.

There is an amendment s368(3) of the Communications Act 2003.
http://www.legislation.gov.uk/uksi/2016/704/regulation/9/made
http://www.legislation.gov.uk/ukpga/2003/21/section/368
The difficulty is that there have been a huge number of amendments to s368 which have not yet been incorporated in legislation.gov.uk. They may be in Halsbury's Statutes. I haven't yet checked. They relate to all sorts of things including children's programmes and electronic cigarettes. The amendments relating to Guernsey and Jersey do not help clarity.

Without a fully annotated copy of the section including all the amendments which are in force, it is impossible to construe it.

I have not heard any suggestion that the change was intended to cover radio programmes. Perhaps we should all write to our MPs to ask what they intended the change to mean.

Since writing this I have come across this.
http://www.legislation.gov.uk/uksi/2009/2979/regulation/2/made
I have also seen amendments to it. It may be that a radio programme is outside the definition, "its principal purpose is the provision of programmes the form and content of which are comparable to the form and content of programmes normally included in television programme services". What about programme web sites?





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